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Posted by Mark Smith on July 20, 1999 at 19:09:18:

In Reply to: Landlord denies occupancy because current tenant decides to stay. posted by Wali on July 20, 1999 at 17:13:33:

If neither substitute apartment is satisfactory, then you should ask for the return of your application fee, because you submitted the application and paid the fee for a specific apartment.

Not only did you not sign the lease, more importantly, the landlord did not sign the lease. And even if the landlord did sign the lease, the standard lease forms require nothing more than the refund of the prepaid rent and the security deposit, if the landlord can't deliver possession.

However, a landlord can't simply decide to cancel a lease once it has been signed by both parties. But that is not the case in your situation.

: I signed an "application form" for a 2 bed apartment, paid security deposit
: and $100 application fee for August 15th, 1999 move-in date. Two days later,
: the management called me and said the current tenant was no longer vacating so
: the apartment was no more available for rent.

: They are offering me a substitue apartment one month later or a substitute
: apartment on a middle floor which does not suit to me. (I needed a top floor
: apartment becuase my wife and I are sleep-sensitive).

: Doesn't security deposit guarantee that I will get the apartment I signed up for.
: What does "application form" mean.
: What are my rights keeping in mind that I did not sign a lease yet.

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Comments:
: If neither substitute apartment is satisfactory, then you should ask for the return of your application fee, because you submitted the application and paid the fee for a specific apartment.

: Not only did you not sign the lease, more importantly, the landlord did not sign the lease. And even if the landlord did sign the lease, the standard lease forms require nothing more than the refund of the prepaid rent and the security deposit, if the landlord can't deliver possession.

: However, a landlord can't simply decide to cancel a lease once it has been signed by both parties.  But that is not the case in your situation.

: 
: : I signed an "application form" for a 2 bed apartment, paid security deposit
: : and $100 application fee  for August 15th, 1999 move-in date. Two days later,
: : the management called me and said the current tenant was no longer vacating so
: : the apartment was no more available for rent.

: : They are offering me a substitue apartment one month later or a substitute 
: : apartment on a middle floor which does not suit to me. (I needed a top floor 
: : apartment becuase my wife and I are sleep-sensitive).

: : Doesn't security deposit guarantee that I will get the apartment I signed up for.
: : What does "application form" mean.
: : What are my rights keeping in mind that I did not sign a lease yet.


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