Once upon a time (last April 2005) I looked at an apartment and thought I really liked it. (It was a September rental and we were on top of things) So my roommates and I paid the fee to hold the apartment so nobody else could rent it for the time being. 2 days later after a little more research into the place (and meeting the landlord) we decided we didn't want it. The apartment was rented to other people within a matter of days. We had discussed it with our agent at the time and were informed that we would be getting our fee back, since it was rented so quickly. 2 months pass and we hear nothing from the agency until a different agent calls me (in June 2005). This person then informs me that the agent we used had left (or been fired?) and that instead of getting our $1000 each back, we actually owed them another $3000 in some fee. Nothing was particularly clear about it in the item we signed, so we refuse to pay. We NEVER rented the apartment OR signed a lease. The apartment has been rented to other people since September, and they've paid all the fees and deposits required. I have lawyered up since then, but haven't taken anything to court because nothing had actually happened except for some very threatening phone messages every 2 months or so from this new agent. It really feels like they are just trying to intimidate us into giving them the money. Our most recent message said he was handing it over to a collection agency and it would affect our credit scores. This has been 11 months now (April 2005- March 2006)!

How should we proceed in this situation? If we really did anything wrong they would have obviously would have acted on their empty threats and brought us to court a LONG time ago.

Consult with your lawyer on this.

BUT, my advice is this:

You don't owe them ANYTHING. In fact, they owe you $1,000. You should take them to small claims court and sue them for $1,000.

The reason being is that they suffered no loss. The only thing they can charge you for is the re-listing of the property. So if it cost them $50 to place an ad in the news paper, then they only have to give you back $950

These is not engouh valid info to give any real advice, plus if you have an attorney, you should be getting the correct info on the information you provided him.

Ok, did someone or everyone sign something, if you did what was it, an agrement with the agent office for them to find you something, a agreement to have them hold the apartment for you.

But once you pay a deposit ( then back out) no matter if it is one hour or one month latter, you lose your deposit. I don't know why anyone would tell you that you would be getting that money back.

You need to get a copy of what you signed and see exactly what it is and what you ageed to ( what ever it says is what you are obligated to do legally)

But no on getting a deposit back. Also if this was merely a rental fee to a contract rental office, I doubht if their fees are returnable either.

And no, many times they will go for many months trying to collect the money, then turn it over to collections, normally going to court and filing suit is the last thing that happens.

You need to sit down and determine what you signed and agreed to. That is the issue.

So if you can tell us what you signed, if not a lease or rental agreement what was it, since it was to hold the apartment, it had to be some level of agreement to rent.

And was the money you paid a depoisit or a fee.