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  1. #1
    Join Date
    Dec 2018
    Location
    Bushkill, Pa.
    Posts
    21

    Default Reservation of Apartment Not Honored

    My question involves landlord-tenant law in the State of: Pa.

    On May 25, 2019, I paid a fee of 300.00 to reserve an apartment. The date of occupancy was August 1, 2019. On about July 15, 2019, I learned that the apartment would not be ready for occupancy on August 1, 2019.
    I then notified the manager of the apartment that I am canceling the reservation and requested a refund.
    On August 26, 2019, I received an email from th owners of the apartment complex stating that my request for a refund was sent to the regional manager.
    The regional manager has not contacted me to date.
    I think I may have to go to small claims court to get my money back.
    The rental policy states that the owners of the apartment complex can keep the reservation fee if the new tenant does not occupy the apartment.
    My position is the apartment was not ready for occupancy on August 1 and I believe it gave me the right to cancel the reservation.
    So what are my chances of prevaling in small claims court?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,611

    Default Re: Reservation of Apartment Not Honored

    Quote Quoting rjlocal22
    View Post
    My question involves landlord-tenant law in the State of: Pa.

    On May 25, 2019, I paid a fee of 300.00 to reserve an apartment. The date of occupancy was August 1, 2019. On about July 15, 2019, I learned that the apartment would not be ready for occupancy on August 1, 2019.
    I then notified the manager of the apartment that I am canceling the reservation and requested a refund.
    On August 26, 2019, I received an email from th owners of the apartment complex stating that my request for a refund was sent to the regional manager.
    The regional manager has not contacted me to date.
    I think I may have to go to small claims court to get my money back.
    The rental policy states that the owners of the apartment complex can keep the reservation fee if the new tenant does not occupy the apartment.
    My position is the apartment was not ready for occupancy on August 1 and I believe it gave me the right to cancel the reservation.
    So what are my chances of prevaling in small claims court?
    When would the apartment have been ready?

  3. #3
    Join Date
    Jul 2018
    Posts
    1,644

    Default Re: Reservation of Apartment Not Honored

    Quote Quoting rjlocal22
    View Post
    So what are my chances of prevaling in small claims court?
    No one who hasn't read whatever written agreements were made between you and the landlord can speak intelligently about this.

  4. #4
    Join Date
    Dec 2018
    Location
    Bushkill, Pa.
    Posts
    21

    Default Re: Reservation of Apartment Not Honored

    All I know is that the apartment bathroom needed some repair and was the reason I was told there would be a delay. So if the work was started sometime in August,
    then its anyone's guess when it would be ready. But the point is, I made a reservation and the manager said it would be ready for occupancy for August 1, 2019.
    Also the manager should have known about any needed repairs before allowing me a date of reservation. It is her business to know all about the apartments under her care. I was not told before hand about needed repairs when I made the reservation.
    Also there were no documents signed beyond the reservation. All of that would hae occured on the day of occupation.

  5. #5
    Join Date
    Oct 2016
    Posts
    3,225

    Default Re: Reservation of Apartment Not Honored

    I tend to agree with you. How did you pay for the deposit? How many times have you tried to contact the owner and how?

  6. #6
    Join Date
    Jul 2018
    Posts
    1,644

    Default Re: Reservation of Apartment Not Honored

    Quote Quoting rjlocal22
    View Post
    Also there were no documents signed beyond the reservation.
    Which we haven't read.

  7. #7
    Join Date
    Dec 2018
    Location
    Bushkill, Pa.
    Posts
    21

    Default Re: Reservation of Apartment Not Honored

    pg1067,
    I was not clear enough or wrong choice of words. Making a reservation only required the manager to send me a receipt and the date of occupancy.
    The reservation is not a document to my knowledge, but others may say it is.
    But today, I called the manager and learned my refund request was granted and is enroute by U.S. Post Office and was given a tracking number. It is coming by certified mail.
    However I like to offer advice on making a reservation to those contemplating renting an apartment in a complex.
    1. Inspect the apartment and not a sample.
    2. If repairs are needed, make the reservation after the repairs are completed.
    3. If you do not follow #2, you leave yourself open to contingencies which could foil all the plans you made.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,644

    Default Re: Reservation of Apartment Not Honored

    Quote Quoting rjlocal22
    View Post
    However I like to offer advice on making a reservation to those contemplating renting an apartment in a complex.
    1. Inspect the apartment and not a sample.
    2. If repairs are needed, make the reservation after the repairs are completed.
    3. If you do not follow #2, you leave yourself open to contingencies which could foil all the plans you made.
    4. Don't pay money for something unless you actually receive the thing at the time of payment or get a signed, written agreement that spells out what is to be provided and when and what happens if it isn't provided.

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