Rental Application - Do I have a case against the property manager?

[FM2n]

Last week I found an ad on craigslist where the tenant helped the property manager put up a listing. It basically said, first come first serve. I called the tenant and they allowed me to show up 15 minutes before the open house and I was the very first to get an application in. Several days later, the prop manager called me and told me that she couldnt take a check for the credit check and it had to be cash or cashiers check. During that conversation I said I was told that it was FCFS. She denied it and said that she runs all applicants and chooses the best one. The next day, stopped by and paid by cash. Two days go by and I don't get a call so I called the tenant (tenant told me to call her) and tenant told me that the property manager did in fact say "FCFS". Found out today that they rented it out yesterday to someone else. The prop manager never called me, I had to call her!

I'm about to go to the office and request a copy of my credit check and receipt of the credit check request to compare the dates of when she rented it out vs when she ran my credit. The prop manager lady was very rude from the beginning and I already had a feeling that I wasn't going to get it, but her treatment makes me think that she made up her mind even before running the credit check.

What rights do I have?

Are they allowed to run an ad on craigslist saying FCFS then changing the story around later on?


Cliffs: Property manager says first come first serve for apt. rental, then changes story to "no, we check everyones credit and decides which is best". Then rents it out to someone else. My feelings are hurt

 

[KeithTalent]

Pretty sure they can change their mind and rent to whomever they like as long as it is not for discriminatory reasons that can be proven.

KT

 

[NL5]

Did the property manager ever say FCFS?

And does that mean you are the first to submit an app, or first to rent. I can't imagine there not being some sort of screening process.

 

[FleshLight]

Protip: Move on, find another place.

 

[SunnyD]

Protip: Move on, find another place.

Seriously. If the property manager is going to be an ass about it, are you sure you want to deal with said property manager for the duration of a lease?

 

[FM2n]

Seriously. If the property manager is going to be an ass about it, are you sure you want to deal with said property manager for the duration of a lease?

Thats a good point. I just googled them up and it's 1 star from all the reviews. In retrospect, you're right. So that leaves the business ethics question at large. The tenant was given instructions to do FCFS, and was pretty upset when I told her that they changed their agreement. But filling out a rental application and agreeing to a credit check based on the offer, wouldn't that in a sense be bait and switch? Changing the criteria after someone has signed up. Besides writing negative reviews on sites, do these company get held accountable for doing this?

 

[NL5]

Thats a good point. I just googled them up and it's 1 star from all the reviews. In retrospect, you're right. So that leaves the business ethics question at large. The tenant was given instructions to do FCFS, and was pretty upset when I told her that they changed their agreement. But filling out a rental application and agreeing to a credit check based on the offer, wouldn't that in a sense be bait and switch? Changing the criteria after someone has signed up. Besides writing negative reviews on sites, do these company get held accountable for doing this?

If they accepted a previous offer, they should refund your credit check money. If they denied you, they should send you written notice stating the reason for denial. you can ask for a copy of their rental criteria. Every landlord is required to have one.

 

[Mike Gayner]

Wow....OP, how old are you? Do you actually believe any landlord is going to literally rent their place to the first person to show up? No matter what? WTF?

 

[FM2n]

Wow....OP, how old are you? Do you actually believe any landlord is going to literally rent their place to the first person to show up? No matter what? WTF?

HAY, MORON! Try responding without the initial insult as it doesn't add much to the conversation. It's pretty obvious what they meant is those who pass the credit/background check. This isn't a question of what I believe or what I am not knowledgable to. But whether this is illegal to do, or is it simply deemed unethical and nothing more?

 

[bobdole369]

All the following assumes that you live in a state in the United States.

Are they allowed to run an ad on craigslist saying FCFS then changing the story around later on?

Yes.

Provided they aren't illegally discriminating with respect to federal, and local laws. Protected characteristics include race, sex, marital status, handicap, etc. It's perfectly legal for them to not want a whiny bitch who shows up first (no offense OP, not saying you are the whiny bitch), despite lying about that in the ad and saying they'll take who comes first.

It isn't illegal to lie about something like that.

you can ask for a copy of their rental criteria. Every landlord is required to have one.

That depends on your state, and where I have lived, this is unheard of. In fact thats the first I've heard of something like that at all, and suspect it might be made up.

What rights do I have?

Just about none. You'll need to prove discrimination based on a protected characteristic. Good luck.

Best advice is to move on and grow up.

 

[Mike Gayner]

HAY, MORON! Try responding without the initial insult as it doesn't add much to the conversation. It's pretty obvious what they meant is those who pass the credit/background check. This isn't a question of what I believe or what I am not knowledgable to. But whether this is illegal to do, or is it simply deemed unethical and nothing more?

Is it illegal for a landlord to chose who they let their place to on the basis of something other than when they showed up? No. Moron.

 

[Modelworks]

They can rent to whomever they choose until there is a deposit accepted and an intent to lease form is signed. Credit check doesn't count.

 

[NL5]

That depends on your state, and where I have lived, this is unheard of. In fact thats the first I've heard of something like that at all, and suspect it might be made up.

Nope. Federal law. Not actually required by law, but you'll lose in court without it. No landlord worth a crap won't have one. If they don't, they cannot deny your application. OP should ask for it when they get their denial letter.

 

[Dirigible]

I hope all landlords are aware of this thread so they can see what a whiny pain in the ass the OP is and not rent to the OP.

 

[FM2n]

Is it illegal for a landlord to chose who they let their place to on the basis of something other than when they showed up? No. Moron.

And what does that have to do with my question about the content of the ad?

 

[FM2n]

Hmmm.. Seems like anyone who posts a question and stands to learn something is considered a "whiner". This whole time I'm just asking questions. I must've offended someone.. Shucks.

 

[Crusty]

Hmmm.. Seems like anyone who posts a question and stands to learn something is considered a "whiner". This whole time I'm just asking questions. I must've offended someone.. Shucks.

Don't worry about Mike GAYner. He and his brother both have sticks up their asses and are gigantic douchebags to everyone.

Speaking of sticks, sticks and stones may break his bones but names will, uh, get an infraction. -Admin DrPizza

 

[speg]

At the end of the day, it's their property and they can do what they want with it. I love these qq threads from renters. If you want to call the shots, buy your own property.

Just as any other industry there is going to be poor product. Vote with your wallet and find someone who can offer you what you want.

 

[GodlessAstronomer]

Don't worry about Mike GAYner. He and his brother both have sticks up their asses and are gigantic douchebags to everyone.

Why you wanna drag me into this? Hmm?

 

[cubeless]

you got there first; you got your app in first; they processed it first; they denied you first... seems like truth in advertising to me...

 

[FM2n]

ad: Grand opening, we are giving out 2 ipads, first come first serve. Being first in line and camping out since 2am. Once they open up their doors, they present you with a raffle ticket and tells you, "Congratulations you are being entered into the drawing to win one of the two ipods!" YAY!!!! more like WTF, right? Or do we say, "Dude you're an idiot for really thinking they're going to give you an ipod. Whiner!"

 

[FM2n]

Why you wanna drag me into this? Hmm?

LOL, nice touch.

 

[D1gger]

First Come First Served and you truly got Served.

In all reality they probably intended First (acceptable tenant) Come First Served, and they found someone more acceptable for whatever reason they dreamed up.

 

[Crusty]

Why you wanna drag me into this? Hmm?

Because I can? :awe:

 

[Kanalua]

Don't even have to read your post:

NO, you don't have a case...