Can an apartment be given to someone else afterwe have paid the holding and application fees?

UPDATED: Mar 12, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 12, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an apartment be given to someone else afterwe have paid the holding and application fees?

In a community of 200 apartments, can a unit for which a tenant has paid holding and application fees be given to someone else by the leasing office? We paid all the fee 9 days ago. They informed us 3 days ago that the unit we chose cannot be given to us. The credit check was being done and we don’t expect anything to come up and also we are tenants in the same community for the last 1.5 years. We were looking to transfer to a larger apartment.

Asked on March 12, 2012 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have no written lease for the actual unit that you want to occupy, then even though you have paid the holding and application fee that you have written about, the landlord is under no contractual obligation to give you the unit to occupy that you desire.

If you have an actual lease for the unit you want where the address is clearly stated, then you have the contractual right to the unit. However, from what you have written, this does not appear to be the case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption