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Quote:

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Originally Posted by mmhmm

i was approved on the spot for an apartment, signed the lease, paid monies due & was given keys & gate card. on my application i noted that i had a felony from SEVERAL years prior (not for a violent crime, sex crime or related to manufacture of controlled substances - which are the offenses listed in the lease as reasons they can legally evict you), and the leasing agent assured me that it wouldnt be an issue, and we continued with the rest of the lease process. since the felony, i have been a positively contributing member of society, and am only in need of an apartment while my divorce is finalized. back to this situation, a couple hours after leaving the leasing office (and after receiving the keys as mentioned above), she called & said that her manager had run a more detailed background check which showed the felony that i had written on my application and that i had to return my keys to her and would not be allowed to live there.
questions are
1. can they do this legally, since i fully disclosed the felony?
2. am i entitled to the return of my fees if they are allowed to cancel the lease?

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What a bummer! I don't know why you mentioned the felony. I have never seen a lease like that. And seeing as they don't want you, your money should be refunded. As for doing it legally, I think so if the lease application wanted 'previous offences' information although I think that is against the freedom of information act. I don't think they can ask that here in Canada as they can barely ask for the SS # now.

The key here is whether anything was done "pending a background check". If there is nothing the paperwork you signed that indicted that, they are stuck with you. Since they gave you keys I assume the apartment is ready to move in. I would move in. If they try to block you, call the police and show them the lease and your receipts for payments and the fact that you were given a key. If they try to evict you, let them try if the facts are as you say, then they will lose in court and you can countersue for damages.

However, if you want to avoid the hassle, tell them you will return the keys when they return the monies you paid.

What if their copier was moving slowly & I didn't get a copy of the lease, only the move-in sheet with my address etc listed? Could I still move in since I have the keys, therefore I have possession of the apt right?

Do you have receipts for the monies paid? Again the key here is the pending issue. All they need to do is show one document that you signed or initialed that says the approval was pending the background check. If they can't, you are entitled to move in.

Yes I have the receipts, I'll talk to them to find out about the 'pending' statement

Good luck!