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  1. #1
    Join Date
    May 2007
    Posts
    10

    Default Deposit Paid But Room Changed, in Chicago, Illinois

    Hello all,

    I am new to Chicago, IL and unfamiliar with the laws. I recently filled out an application for and put a deposit on a room in a high-rise, 13th floor. I have yet to sign the lease. The management company that owns the building calls me today and informs me that the current tenant wants to stay, and that they are moving me to the 12th floor! They are saying it's the same layout (immediately below the unit I paid for) and $5 cheaper.

    I wouldn't make a big stink about this but the 13th floor was practically penthouse. I put a deposit on a room with the perfect view. Is it ok for them to move me like that, after I put the deposit down?

    I am really dissapointed...but going to see the 12th fl unit tomorrow. Hopefully it's clean... any input is apprecaited!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deposit Paid But Room Changed, in Chicago, Illinois

    What, if anything, does the contract you signed in association with your deposit say about this type of situation? If you don't want the 12th floor unit, odds are you can get your deposit back and walk away; but that may be covered by the contract.

  3. #3
    Join Date
    May 2007
    Posts
    10

    Default Re: Deposit Paid But Room Changed, in Chicago, Illinois

    Thank you, this site always helps me when I need it!

    It doesn't say anything about this particular type of situation. There is a clause if the apartment isn't ready on time...then they are not liable. But not if the apartment isn't available at all?

    Amy


    Quote Quoting aaron
    View Post
    What, if anything, does the contract you signed in association with your deposit say about this type of situation? If you don't want the 12th floor unit, odds are you can get your deposit back and walk away; but that may be covered by the contract.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deposit Paid But Room Changed, in Chicago, Illinois

    If the contract is for that specific apartment, only that specific apartment, and has no provision for the substitution of another apartment if the original unit becomes unavailable, I would argue that the contract is frustrated and (if you wish) you should be able to escape obligation and get a refund. But I haven't read the contract, which means I cannot interpret the contract.

  5. #5
    Join Date
    May 2007
    Posts
    10

    Default Re: Deposit Paid But Room Changed, in Chicago, Illinois

    Thanks, it was in fact for that specific unit. They have retracted the room change.

    You have been a lot of help!

    Quote Quoting aaron
    View Post
    If the contract is for that specific apartment, only that specific apartment, and has no provision for the substitution of another apartment if the original unit becomes unavailable, I would argue that the contract is frustrated and (if you wish) you should be able to escape obligation and get a refund. But I haven't read the contract, which means I cannot interpret the contract.

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