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Ratings. Guidance. The Right Lawyer.
Is a landlord allowed to keep an application deposit under PA landlord tenant laws
Philadelphia, PA
Viewed 196 times.
Posted about 1 year ago in Landlord / Tenant
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Application Deposit:
I went and looked at an apartment recently. I really liked it. The landlord who was showing the place said something like this, "I have a lot of people who want this place. It will probably sell this weekend. If you are interested you should fill out an application and put down a couple hundred dollars, so that I can consider you as a possible tenant." So, I filled out an application and wrote a check for $250. Over the weekend I decided it wasn't the place for me. The living room and bedroom were the same room, which I couldn't get past. So, when I told the guy that I had decided I was no longer interested in the place, he told me that I couldn't have my money back! I was like, "why?". He stated that it was because he had canceled his advertising thinking I was going to be moving into the place and that now he might not get someone in the unit by November. I was so shocked and upset that I didn't know what to say, I just kind of got off the phone. I am pretty sure he was not allowed to take that money from me. What do you think? What should I do? I am also feeling a little uncomfortable about the fact that I filled out an application with my Social Security #, Credit Card #, and personal info. He has all that info and took me for $250! I feel like an idiot.
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Answers (1)
Stephen J. O'Brien
This attorney is licensed in Pennsylvania.
Posted about 1 year ago.
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The answer to your question is determined by the terms of your agreement. It seems to me that the landlord suggested that you put down money to hold the apt., which is paying for an option - ie. the right of first refusal on leasing the Apt. There is nothing wrong with an option, but there may be more facts that you haven't discussed. I view it as an option because if it was more, like a deposit on the apartment, then the landlord would be telling you that you are on the hook for the amount of the lease. This may be an expensive lesson, but look at it this way, you were paying for the right to have more time to decide if it was the right Apt. for you, without the fear of losing it, but you have decided against it and being disappointed with the apartment. Next time, offer to put down $25.00 or $50.00 dollars when needing time to decide.
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