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• Reputation: 1226 Q&A: 24 0 21 316 15 5 Classifieds: 0 0 what's this? Follow Following 0 rickibot

  3 0 Well, how nice and shady of them. Usually, holding deposits are designed to secure the apartment for the prospective tenant prior to moving in. If you don't move in, the deposit compensates the landlord or their agents for the time lost that could have been used securing a new tenant. If you do move in, the deposit goes to either your first month of rent or your security deposit, per RCW 59.18.253. Two questions: are you planning on moving in, or did you ask for the deposit back because you changed your mind about that? Also, what else did the application say about the fee? The application should have pointed out all the conditions under which the fee is refundable or not. As to changing the contract after the fact because "we don't do that", well, that's just ridiculous. And according to the Residential Landlord Tenant Act, they have to apply the deposit to rent or the security deposit. If you're going to move in, I'd contest the late change even though you signed the document. The Residential Landlord Tenant Act is rife with sections that protect the tenant against the tenant signing their rights away. The assumption there is that the residential tenant is a layman at a bargaining disadvantage, whereas a landlord is doing business as a savvy, sophisticated entity. If I were you, and if I/you wanted that apartment, I'd raise the issue with the landlord again and get the deposit applied as it should be applied. Bring a copy of the Residential Landlord Tenant Act with you. Bring business-like friends that stand there silently and glare at the leasing agent. You could try contacting the various tenants' rights organizations in the area, though they're all pretty swamped right now, from what I hear. Couldn't hurt. And there's always small claims court. If you don't want the apartment, I'm not sure that you'd be able to get that deposit back anyway. Good luck! rickibot answered in Legal about 1 year ago | Report 3 comments by LMS, rickibot, and Steven Gomez… 0 0 Thank you both VERY MUCH for your time, advice, & help!!! The leasing agent had the manager call me & explained that she was new (to me it sounded like an excuse because how could she not know their practices?)but called some people (I forgot who) & that they're going to go ahead and apply the $299 to my deposit, JUST LIKE THAT... It gives me a wary feeling to know that they'd do that,(try to "pull one over" on a renter) If you were me, would you sign the lease or lose the $299 & try to find somewhere else? LMS commented about 1 year ago | Report 0 0 Would I sign the lease? Hmm, that would depend on what the lease said, and how much I wanted the apartment. If the lease looks fine to you, and the apartment and rental rate are rad sauce, you might want to go for it. The thing to keep in mind here is by putting the $299 towards your security deposit instead of your rent, the landlord has a chance to get that money from you on the back end by applying your security deposit towards a bunch of b.s. repairs once you vacate. If you take the apartment, go over that apartment with a fine tooth comb during the walk-through. Take photos - lots of photos. Make sure every little thing, no matter how slight, is written down on that sheet. Bring an observant friend with you. Take your sweet time. If the leasing agent gets pissed about that, walk. You have the right to protect yourself against being placed on the hook for other people's damage. Getting your security deposit back when it's unfairly withheld will involve small claims court, so be prepared for that eventuality. All that said, there are other apartments with nice landlords who won't try to screw you (what's up, Legend House in Maple Leaf!) If you can afford to lose that $299, that's always a way to go. rickibot commented about 1 year ago | Report 0 0 Glad it worked out. Probably just a rookie agent that didn't do something legally binding so much as the agent didn't understand the proper protocols. Leasing agents tend to get hired off the street and not be experts at the leasing process. I think you may be okay if you stick around unless the agent was real pissed about the experience. Steven Gomez commented about 1 year ago | Report Enter your comment or ask a new question preview THIS IS A PREVIEW: Click "Post" to submit it or "Edit" to make changes. edit Please wait… This could take a minute if the tubes are clogged.

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• Reputation: 583 Q&A: 14 0 3 271 28 0 Classifieds: 0 0 what's this? Follow Following 0 emily

  2 0 This sounds way sketchy. The previous tenant should have had a portion of their security deposit taken out if the apartment had more than the usual wear & tear. Otherwise, it's the landlord's responsibility to prepare a unit for the next tenant. Seattle tenants' rights info is here: http://www.seattle.gov/dclu/Publications/cam/infofortenants.pdf It states that a non-refundable fee must be explained in the lease contract, mentioning explicitly that the fee will not be returned. If the only thing she had you do was cross out that portion of the contract, your tenant rights are violated, per the statue in the above pdf document I linked to. You should point this out to her and make sure she knows she's in violation of the law. You may not have to/want to escalate it further beyond the two of you, but you may be doing your fellow tenants a favor by contacting the proper authorities. I have no idea what the penalty is. And you have to consider that this will be your landlord. Or, you could escalate it and move the hell out. emily answered in Legal about 1 year ago | Report 1 comment by LMS… 0 0 THANK YOU very much for your time & help! It was extremely helpful! The mgr acted like she didn't know what was going on bec she is new, & said they'd apply the $299 to my deposit... LMS commented about 1 year ago | Report Enter your comment or ask a new question preview THIS IS A PREVIEW: Click "Post" to submit it or "Edit" to make changes. edit Please wait… This could take a minute if the tubes are clogged.

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• Reputation: 1627 Q&A: 33 0 3 1043 136 0 Classifieds: 0 0 what's this? Follow Following 2

  1 0 I have no idea what the legal implications are, but that is some serious bullshit in a renters' market. They just robbed you of $299. keshmeshi answered in Legal about 1 year ago | Report 1 comment by keshmeshi… 0 0 And there's no way you have to pay for getting the apartment ready. Call the tenants union, call a lawyer, threaten the fuckers, do whatever you have to do to get your money back. keshmeshi commented about 1 year ago | Report Enter your comment or ask a new question preview THIS IS A PREVIEW: Click "Post" to submit it or "Edit" to make changes. edit Please wait… This could take a minute if the tubes are clogged.

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• Reputation: 3723 Q&A: 109 0 27 1716 713 0 Classifieds: 0 0 what's this? Follow Following 1

  0 0 Yes, it was legal (and arguably binding if you signed it, were it not for state law) it's also legal for you to cross shit off / add things to the lease. It's an "agreement" so whatever you and the landlord agree upon can be there / be vetoed. But any leasing agent pulling this shit should be kicked to the curb. Unless they're offering month2month or a killer deal, I'd cross that $299 off as a painful learning experience and seek a place with better/less-criminal people running things. I mean, they didn't fire this person.... so, based on this, what do you think is going to happen to your deposit -for example- when you move out? I just bet they'll "discover" damages and you end up owing money rather than getting a refunded deposit. You ought to post the address here, or at bare minimum, file a review at apartmentratings.com. Good luck! Rev.Enant answered in Legal about 1 year ago | Report Comment on this answer Enter your comment or ask a new question preview THIS IS A PREVIEW: Click "Post" to submit it or "Edit" to make changes. edit Please wait… This could take a minute if the tubes are clogged.

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