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Can an apartment complex........?

I recently applied to get an apartment at Hunters Ridge in Elgin IL. After paying a nonrefundable holding fee and application fee they told me that I have a utility debt on my credit report that is unpaid. I knew about the debt however, I was in the processing of disputing the charge because of identity theft. The apartment complex wouldn't back down and said that they would not lease me an apartment until they had proof that it was paid. So since the bill wasn't a huge amount, I just bit the bullet and paid it. I understand if they don't want to give me an apartment if I have bad credit, but the big issue is that the only criteria they said I needed was to have my income be 3X my rent. My issue is that can they force me to pay since the unpaid bill is being investigated for identity theft? I would have never applied at this apartment complex if I had known they would do this. I have been at 3 other apartments since I've had this unpaid bill and they have never mentioned it.

Update:

It just wouldn't be worth my time really to talk to a lawyer about it. The utility bill was $230. I have had no trouble getting utility service and I my credit score is 750. I've had credit cards since I was 18, now I'm 32 and have never been late one time. I've paid every cent of my student loans and anything else I owe. The biggest problem is that I just don't have the time to get proof that the item was being investigated, the location of the apartment is perfect for my work and I have 3 other roommates counting on me to get things settled. Even with my excellent credit I had a hard time getting the place. I can't imagine what kinds of problems the average person would have getting in there. I guess they just don't want to fill apartments.

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  • 1 decade ago
    Favorite Answer

    Are you asking if they can keep the non-refundable holding and app. fee? If so, then I think so since they told you this up front..and personally I think it's just a dirty way for them to make more $!. Sounds like you did get the raw end of the deal though. Seems that they would have been a little more understanding considering your situation and tried to work with you on this. I'm sure that you wouldn't want to live there now no matter what and they probably don't realize how much bad publicity they are getting from their un-ethical actions. You sound like a very intelligent person and I think that the fact that you paid the bill that you didn't owe no matter how small, shows that you are a very mature person and really had the desire to do what was right. I don't even know you or them but this makes me angry at them. I've had a similar experience and I know how frustrated you must be. Have you considered calling the Better Business Bureau? I'm not sure where to start, but that's the first thing that popped in my mind. If they can't help you then maybe they can direct you to someone who can. Maybe talking to an attorney that offers a free consultation and this would probably get you some good answers. I would even call the office of the apartment complex (or have someone else do it if you think they will recognize your voice) and ask for the number to the main office. If they know it's you and from the way they sound, they probably would try to keep from giving it to you but they are required by law to give you this info. Then when you get the #, get their mailing address and write them a letter explaining exactly what you have said here. I think speaking with an attorney that specializes in real estate or property mgmt. would be best, but most attorneys should know what your options are on this one. He/she could give you some ideas of what to put in the letter and may even write the letter for you for a small fee...and the apt. complex might just refund your $ to avoid any further bad publicity or the hassle of it. Good luck to you and even though it sounds like they can legally keep the fees, if they are a reputable co. and want to remain that way, then they should want to do the ethical thing and refund your money. The only other option is to just "bite the bullet" as you said before and forget it, but sometimes we do need to stand up for ourselves when we know what's right. I'm on your side completely and hope that you get this straightened out. Hope this helps some!

    p.s. just thought of something else..you might check and see if the complex has a web-site...then you could get phone #'s and addresses this way and the complex where you applied won't be expecting anything and this could be to your advantage.

  • 1 decade ago

    I can understand them being concerned about the utility bill because if you have an outstanding bill you may not be able to get utility service in your new apartment. However since it is being investigated for identity theft you should've offered them proof that its being investigated. They should've accepted that as long as it was a legal document, from an attorney or court document. Since you've paid it, they should've let you move in

    Source(s): work in industry
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