I gave a landlord money for a credit check and was told it would hold the apartment for us. I was the first to give the money and turn in applications. Now I am being told the credit checks came back good but there is someone else who is also looking at apartment and he will have to decided who gets it. I was under the assumption that because I was the first to pay the apartment was being held for me. Can they legally give it to someone else?

A credit check is part of an application fee. It would not be considered a binding deposit to hold the apartment unless you have something in writing stating that.

The landlord would be within their rights to choose another tenant unless it means discriminating against you as part of a protected group.

Hello c:

Scott is right... However, the landlord is acting UNPROFESSIONAL, and I don't think he should KEEP your credit fee if he DOESN'T rent to you...

The other side of the coin is that you probably DON'T want to rent from such BAD landlord... That doesn't mean you should let him get away with KEEPING your money...

I'd do the following: First off, whatever you TELL him must be followed up by a certified letter, and tell him to expect it. In your conversation, tell him, FINE, you don't have time to wait for him to make up his mind... You need a place NOW. Therefore, you withdraw your application and DEMAND your money back based upon his VERBAL commitment... Tell him further, that if you DON'T receive a check within 24 hours, you will SUE him in small claims court.

If he doesn't produce the money, sue him. I think you'll win.

excon

A credit check ... would not be considered a binding deposit to hold the apartment ...

That is why one should never make a deposit without a written agreement.


... DEMAND your money back based upon his VERBAL commitment ...

So ScottGem is saying it's not a binding deposit, and Excon is saying that a judge would probably rule that it is refundable. I don't know, but I tend to agree with Excon.

The idea that a LL can take money for a credit check, find that the credit is good, and still refuse to rent the apartment, and refuse to refund the money is repugnant to me. What benefit did OP get for his/her money? Nothing!

and[/B] refuse to refund the money is repugnant to me. What benefit did OP get for his/her money? Nothing!

The original question here was whether the landlord can give the apartment to another applicant. The issue of whether the credit check fee would be refunded was not asked so I did not deal with it. I stand by my answer that the landlord would be within their right to choose another applicant unless there was an issue of discrimination.

I agree, if the landlord chooses the other applicant, then they should refund what the OP paid. However, it is possible that the fee was stated as non refundable.

... The issue of whether the credit check fee would be refunded was not asked so I did not deal with it. I stand by my answer that the landlord would be within their right to choose another applicant unless there was an issue of discrimination.
...

Oh, I'm sorry. I'm bad. I guess I must have read that into the question.