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Can You Make a Landlord Refund a Holding Fee

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  • 03-15-2017, 11:28 PM
    Alittlehelp00
    Can You Make a Landlord Refund a Holding Fee
    My question involves landlord-tenant law in the State of: Pennsylvania

    Hello!
    I viewed an apartment and gave a check for $750.00 as a holding fee, which would then be transferred to a security deposit after signing the lease. A week later, I went to look at the apartment again to do some measuring and do a more thorough inspection of the apartment.

    When checking out the cabinets in the kitchen, I found TWO mousetraps under the sink. I notified the landlord’s office to let then know about the traps, and that I would not feel comfortable living there. . I was told the traps were not put there by the landlord and that the previous tenant must have put them there as a precaution. (I've never heard of anyone setting traps as a precaution?? Traps are meant to "attract" mice. Why would you need them if there wasn't an issue??}

    I was also informed that the holding fee was non-refundable, as mentioned in the Rental Agreement that I signed.
    I realize they took the apartment off the market for 12 days, but I don’t believe that I should lose out on $750.00 since the apartment is not habitable.

    Do I have any recourse?
  • 03-16-2017, 05:58 AM
    gail in georgia
    Re: Holding Fee
    "the holding fee was non-refundable, as mentioned in the Rental Agreement that I signed."

    Two mousetraps under a sink does not make an apartment uninhabitable.

    Gail
  • 03-16-2017, 09:08 AM
    adjusterjack
    Re: Holding Fee
    Quote:

    Quoting Alittlehelp00
    View Post


    Do I have any recourse?


    No.
  • 03-16-2017, 09:16 PM
    Alittlehelp00
    Re: Holding Fee
    Quote:

    Quoting gail in georgia
    View Post
    "the holding fee was non-refundable, as mentioned in the Rental Agreement that I signed."

    Two mousetraps under a sink does not make an apartment uninhabitable.

    Gail

    Possibly...but why would anyone move in to an apartment with a rodent issue? I will be researching all my options.
  • 03-17-2017, 04:13 AM
    yyz0
    Re: Holding Fee
    Quote:

    Quoting Alittlehelp00
    View Post
    Possibly...but why would anyone move in to an apartment with a rodent issue? I will be researching all my options.

    The problem is you don't know it has a rodent issue! You saw some mouse traps in a cabinet but you have no idea why they are there, how long they've been there and even if they've ever been used in that apartment.

    Did you see any other signs of mouse damage or just some forgotten traps. What if the previous tenant brought the traps from a previous apartment and never needed them in this apartment so they just left them behind when they moved?

    You signed a contract with a non-refundable holding fee, a couple of mouse traps is most likely not going to be sufficient to deem the apartment uninhabitable by the health department. Of course you can always try.
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