Legal Question in Real Estate Law in California

I'm applying for an apartment but I know I have bad credit. I was forthright about my score, and told the mgmt in an email that if it would be a problem I didn't want to pay for the credit check and would just withdraw the application. They said it wouldn't be, so I paid the fee to run it.

Now they are saying because of my credit, I'll have to pay an additional $500 in a security deposit. Had they told me that was the case I would have rejected the credit check and not paid the fee. I went as far as providing a copy of my credit score/report before they ran it to show just how bad it was.

Am I entitled to get my rental application fee back? I feel like they were dishonest with me and were just after my money.

Asked on 7/03/13, 7:04 pm

2 Answers from Attorneys

John Laurie Gertz and Laurie

I think it is reasonable to ask for it back. You may or may not get it but you can try.

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Answered on 7/03/13, 9:43 pm

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd agree that there's no harm in asking. However, I don't think you have a 'right' to a refund.

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Answered on 7/04/13, 9:18 am

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