Landlord cashed my check before I signed the lease! (** GOT MY $$$ **)

[SoftwareEng]

Final update
I got my money back (a while ago, actually)
I get free legal assitance through work benefits; the lawyer cited landlord/tenant Mass General Laws and a consumer protection act, and said the landlord has to refund my money or I'm very likely to win in the small claims court.

Well, the landlord gave me a check one week after my discussions with him.

---
Original post:

I found an apartment today to rent through a real estate agent, and filled out their application (not the lease). I also gave them a check for the 1st month rent. (No agent fee here).

A few hours later (doh!) I found a much better apartment. I told the first agent I was no longer interested, and to please notify the landlord. This is all before signing or even seeing a lease.

Tonight, I see the landlord cashed my 1st month rent check! Wtf, can he do that? All I filled out was an application, to be considered for that apartment.

Any constructive suggestions? thank you.

--- update:
Was too late to put a stop payment on the check. So that's out. Btw in the check's note I'd written "For apartment".

Called the landlord. Explained the situation nicely, politely, asked for my money back. First, he asks me to find a replacement tenant. I say, I'm not an agent, and don't know anyone looking to rent. Then, he asks me to please move in, he really wants me there. I apologize but I already made up my mind. He says if he rents it for Sept (i.e. same as my move-in date), I'll get my money back. I mentioned I might want to move in for 1 month since no lease was signed (that would suck for him). He said he'll think about it.

Called him the next day. He was surprised to hear from me again (wtf?) I asked if he made a decision. He says, wait til sept. 1st (i.e. when I have to move in!), then MAYBE I'll get my money back. Riiiight. I said that's not an option, I should either get my money back OR be able to move in for 1 month (as paid for). He says nope, no lease = no moving in. I repeat - I am willing to live there for 1 month, but he doesn't have last month or security. He says if I keep harassing him, he'll call the police. End of conversation.

 

[Crusty]

You sure it wasn't your deposit?

 

[Leros]

Often your deposit is your 1st months rent. You might be screwed.

 

[SoftwareEng]

Originally posted by: Crusty
You sure it wasn't your deposit?

I'm not sure
does that really make a difference?

 

[Nik]

Why did you give him money before signing anything?

 

[Newbian]

Since when did you have to pay to just be considered?

 

[Krynj]

I guess that's what you get for giving away signed checks to people you just met?

 

[manlymatt83]

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

 

[SoftwareEng]

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

I knew your response wouldn't be helpful when I noticed it to be shorter than your signature. But thanks anyway

 

[Legendary]

Enjoy learning your lesson. Also learn what a STOP payment on a check is.

 

[Krynj]

Originally posted by: SoftwareEng

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

I knew your response wouldn't be helpful when I noticed it to be shorter than your signature. But thanks anyway

There's really not much that can be done. No help to provide. You made out a check to somebody, signed it, and then gave it to them. It sucks they've cashed your check before you've even signed the lease, and maybe they'll give it back, but they haven't broken a single law by cashing it already. Usually when somebody hands over a check, the negotiating is finished.

 

[SoftwareEng]

Originally posted by: FetusCakeMix

Originally posted by: SoftwareEng

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

I knew your response wouldn't be helpful when I noticed it to be shorter than your signature. But thanks anyway

There's really not much that can be done. No help to provide. You made out a check to somebody, signed it, and then gave it to them. It sucks they've cashed your check before you've even signed the lease, and maybe they'll give it back, but they haven't broken a single law by cashing it already. Usually when somebody hands over a check, the negotiating is finished.

Perhaps, but if it's a payment for a contract to be signed... then it seems like a gray area. The guy owns several properties, so I'll hope he is professional about this..

 

[waggy]

well you are a idiot for giving her a check BEFORE you signed the contract.

but sinceyou didnt sign it she can't keep it. i would sue her in small claims

 

[Newbian]

Originally posted by: SoftwareEng

Originally posted by: FetusCakeMix

Originally posted by: SoftwareEng

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

I knew your response wouldn't be helpful when I noticed it to be shorter than your signature. But thanks anyway

There's really not much that can be done. No help to provide. You made out a check to somebody, signed it, and then gave it to them. It sucks they've cashed your check before you've even signed the lease, and maybe they'll give it back, but they haven't broken a single law by cashing it already. Usually when somebody hands over a check, the negotiating is finished.

Perhaps, but if it's a payment for a contract to be signed... then it seems like a gray area. The guy owns several properties, so I'll hope he is professional about this..

The problem is you should never had paid a dime until said contract has been signed first.

 

[venkman]

Jesus Christ, how stupid do you have to be sign over a rent check before you even see a lease agreement.

 

[crisscross]

You do realize you screwed up right? a lil more humility might be in order when you ask for help. Go and speak to the landlord and tell him nicely, unless he is a dick he will most likely return your money.

 

[Krynj]

I sympathize totally. It'd suck to have to lose a chunk of cash like that. Hopefully you can get it squared away. Perhaps contact your bank ASAP and see if there's anything they can do.

 

[PieIsAwesome]

I love this forum.

 

[Miramonti]

Did he say a check was required at application time? Usually only an application fee is required. Technically a lease isn't required...if you filled out an app, it was accepted, and it just happened to have a check with it, you could be on the hook for the first month. Doesn't mean you have to live there beyond that tho...no lease means you're on a month-to-month agreement.

 

[MoPHo]

If you wrote on the bottom of the check what it was for, e.g. "Rent Sep 09", and you don't move in, it would be pretty easy to get back. However, if you didn't it's going to most likely require going to small claims court if the landlord isn't cool about it.

Not really much you can do other than ask him to refund it or small claims court. I know another "bad move" post isn't what you want to hear but...you gave the landlord a check. With no written agreement.

 

[SoftwareEng]

Originally posted by: jjsole
Did he say a check was required at application time? Usually only an application fee is required. Technically a lease isn't required...if you filled out an app, it was accepted, and it just happened to have a check with it, you could be on the hook for the first month. Doesn't mean you have to live there beyond that tho...no lease means you're on a month-to-month agreement.

Haha that would be awesome. Live there for a month, then move out. He'd LOVE to pay the agent's listing fee twice (here, he's paying full fee to the agent) and then risk missing Sept. 1st, the popular moving date.

I personally would write a check for that amount, if I owned several properties and realized the person wasn't being an asshole intentionally..

 

[Narse]

Why on earth did you write a check for more than the app fee before you signed?? Often a cleared check can be grounds for a contract...

 

[Miramonti]

Originally posted by: SoftwareEng

Originally posted by: jjsole
Did he say a check was required at application time? Usually only an application fee is required. Technically a lease isn't required...if you filled out an app, it was accepted, and it just happened to have a check with it, you could be on the hook for the first month. Doesn't mean you have to live there beyond that tho...no lease means you're on a month-to-month agreement.

Haha that would be awesome. Live there for a month, then move out. He'd LOVE to pay the agent's listing fee twice (here, he's paying full fee to the agent) and then risk missing Sept. 1st, the popular moving date.

I personally would write a check for that amount, if I owned several properties and realized the person wasn't being an asshole intentionally..

Most landlords aren't going to want someone to move in without a lease since they will not only have extra liability, they'll have to clean it again (and like you said, relist it.)

With that in mind, I think the landlord is going to *want* to give the money back.

SO DO NOT SIGN THE LEASE! While paying is an acceptance on your part, its also an acceptance on his part...

Hopefully "rent" was written on the bottom of the check like MoPHo asked.

 

[LordMorpheus]

There is no indication that the landlord is reluctant to return the money to the OP yet.

So, the obvious thing, call the landlord and say thanks but no thanks, I'd like my money back, and don't freak out unless they say "nope."

It could be he just takes a stack of checks to the bank and puts it in every week or so, and yours was just part of the pile, and he has no intentions to screw you.

 

[Zee]

Originally posted by: SoftwareEng

Originally posted by: FetusCakeMix

Originally posted by: SoftwareEng

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

I knew your response wouldn't be helpful when I noticed it to be shorter than your signature. But thanks anyway

There's really not much that can be done. No help to provide. You made out a check to somebody, signed it, and then gave it to them. It sucks they've cashed your check before you've even signed the lease, and maybe they'll give it back, but they haven't broken a single law by cashing it already. Usually when somebody hands over a check, the negotiating is finished.

Perhaps, but if it's a payment for a contract to be signed... then it seems like a gray area. The guy owns several properties, so I'll hope he is professional about this..

There's no gray area. you gave the guy a signed check. it's the same shit as giving him cash.