Lease question, RE: options - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Sainters7 · 05-25-2021, 10:41 AM

Wrote a rant about this in the RGMG thread but its buried in the red hot, shorts length debade and I'm just curious about options, if anyone knows. I'll give you the non-RGMG rant version:

Fell in love with the perfect place for me after a viewing last week. The rep replied to my email inquiry on Wed morning, then stopped replying to emails or phone calls from Thursday on. I figured it was rented so finally gave up on Sunday & circled back to my #2 choice, which I was worried may also get nabbed as it has an awesome balcony city view. Filled out the application and gave the deposit on Sunday, found out I got approved last night. FF to this morning, the rep from the place I loved FINALLY gets back to me: it's available. Super frustrating..

I'm just curious what my options even are, at this point. I haven't signed anything, I'm guessing I could technically get out of it, but would lose the deposit? And just a bad look..that part bugs me, I don't want to be "that guy". I'm probably just going to stick with my #2 choice at this point, but I'm just curious if I'm as stuck as I even think I am or not, this all happened within the last 48 hrs.

Thanks! As mentioned I'm probably going to stick out of principle and not wanting to lose my deposit, don't yell at me haha...just curious, as it's really sticking in my craw this morning..

Oling_Roachinen · 05-25-2021, 10:51 AM

I won't get in the legality of receiving your deposit back, although noting I do think it's weird you haven't signed anything despite the deposit. Like is there not usually some form of what the deposit is for (hold) and what parameters you would receive it back (background/credit check fails)?

But probably easiest to to talk with your #2 choice and see if they will give you back the deposit. They might have a second choice lined up as well and may be able to get resolved by a simple phone call if it's early enough. The closer you get to June 1, (presumably that's the date) the harder it will be for them to find someone, and will fight harder to keep your deposit.

Oling_Roachinen · 05-25-2021, 10:56 AM

https://clg.ab.ca/programs-services/...nted-premises/

Quote:

Sometimes the landlord will ask for a deposit from you to hold the premises you wish to rent. Such a deposit is to be distinguished from a “security deposit”, which is described later. Unlike a security deposit, a deposit to hold the premises you wish to rent is not dealt with in the Act. Depending on the terms you negotiate with the landlord, the landlord may be able to retain the deposit if you do not move in. If the landlord agrees to refund the deposit, then ensure the landlord’s agreement to refund the deposit in writing.

blankall · 05-25-2021, 11:00 AM

Should largely come down to what was in the agreement you signed with place #2. The terms of what happens with the deposit should be stated in the agreement.

That being said, if you just ask them to get out of it, they may let you out. A contract is only enforceable so far as the other party wants to enforce it.

topfiverecords · 05-25-2021, 11:04 AM

What amount are we talking for a deposit?

Future you may wish they cut their loss and went for the place they really wanted. Divide it by the number of days you think you'll live there and think of it as an increase to the rent. Or politely ask for it back.

Sainters7 · 05-25-2021, 11:07 AM

Quote:

Originally Posted by Oling_Roachinen

I won't get in the legality of receiving your deposit back, although noting I do think it's weird you haven't signed anything despite the deposit. Like is there not usually some form of what the deposit is for (hold) and what parameters you would receive it back (background/credit check fails)?

But probably easiest to to talk with your #2 choice and see if they will give you back the deposit. They might have a second choice lined up as well and may be able to get resolved by a simple phone call if it's early enough. The closer you get to June 1, (presumably that's the date) the harder it will be for them to find someone, and will fight harder to keep your deposit.

Thanks, appreciated. Yeah they said someone had actually already applied for it, but chose to go camping all weekend first before giving them the deposit, so unless that was just a "hurry and give me your money now!" tactic, they sure seemed to have someone else lined up.

But I'm sure they already broke the news to that person and would be embarrassed to circle back, think I'd feel too guilty causing a mess like that. And this person always got back to me super fast, got my application processed quick...whereas this other one clearly seems flaky; not sure I want to deal with people like that if I ever have any issues with my place that needs fixing.

Thanks again for the responses, I'm sure I'll stick with #2 at this point, just curious where I stood with this whole thing. I'll never understand businesses that communicate poorly...how do they even successfully function like that?

Sainters7 · 05-25-2021, 11:09 AM

Quote:

Originally Posted by topfiverecords

What amount are we talking for a deposit?

Future you may wish they cut their loss and went for the place they really wanted. Divide it by the number of days you think you'll live there and think of it as an increase to the rent. Or politely ask for it back.

$750. Not terrible, but I'd rather not lose it. Plus I just hate looking flaky or letting people down. But I can't lie, this is seriously sticking in my craw this morning. Man thats a serene, peaceful spot on the river...and south facing which I wanted, I'm a sun dog. The other is north facing so thats a bummer, though the views of downtown are top drawer. So there's that at least...

Fuzz · 05-25-2021, 11:20 AM

Have you heard the phrase "it doesn't hurt to ask?" Why not reach out and explain what happened?

topfiverecords · 05-25-2021, 11:27 AM

Quote:

Originally Posted by Sainters7

$750. Not terrible, but I'd rather not lose it. Plus I just hate looking flaky or letting people down. But I can't lie, this is seriously sticking in my craw this morning. Man thats a serene, peaceful spot on the river...and south facing which I wanted, I'm a sun dog. The other is north facing so thats a bummer, though the views of downtown are top drawer. So there's that at least...

Sounds like you need to fight for what you want. It'll be worth it if you can get it done.

Sainters7 · 05-25-2021, 11:27 AM

Quote:

Originally Posted by blankall

Should largely come down to what was in the agreement you signed with place #2. The terms of what happens with the deposit should be stated in the agreement.

That being said, if you just ask them to get out of it, they may let you out. A contract is only enforceable so far as the other party wants to enforce it.

Yeah good points, I'll reach out today and see what they say. I'm certainly not going to try to go through any legal process to get out of it if they're being funny about it, its still a decent place in the end, but worth knowing anyway

blankall · 05-25-2021, 11:50 AM

Quote:

Originally Posted by Sainters7

Yeah good points, I'll reach out today and see what they say. I'm certainly not going to try to go through any legal process to get out of it if they're being funny about it, its still a decent place in the end, but worth knowing anyway

When is your lease set to start? Who knows, it could even be a good thing for the renter, coming out of Covid lockdowns. Rentals are starting to pick up again, they may have had more inquiries and may want to raise the price.

You just never know. I wouldn't feel sheepish about asking, especially if you are doing the right thing and willing to honour the agreement if they say no.

speede5 · 05-25-2021, 11:51 AM

I did basically the same thing years ago. They were nice about it, and basically said if they get it rented out before the start of the month they would give the deposit back (no loss to them).

They didn't get it rented out immediately and I lost the deposit but there were no hard feelings, the deposit cut their losses and that was kind of the whole point of it in the first place.

Sainters7 · 05-25-2021, 11:55 AM

Quote:

Originally Posted by blankall

When is your lease set to start? Who knows, it could even be a good thing for the renter, coming out of Covid lockdowns. Rentals are starting to pick up again, they may have had more inquiries and may want to raise the price.

You just never know. I wouldn't feel sheepish about asking, especially if you are doing the right thing and willing to honour the agreement if they say no.

June 1, pretty fast haha. Hence why I'm feeling extra funny about it. But I'm also new to this process so I don't know how rare (or dickish) it would be, or maybe this sort of thing happens all the time? But yeah you're right, it doesn't hurt to ask, certainly.

RichieRich · 05-25-2021, 12:20 PM

Don't want to lose both places either.
That said if the 1st place renters now seem flaky to you... consider what your gut feel is regardless of the view.

Sainters7 · 05-25-2021, 12:25 PM

Quote:

Originally Posted by RichieRich

Don't want to lose both places either.
That said if the 1st place renters now seem flaky to you... consider what your gut feel is regardless of the view.

Totally... I'm coming to this realization. Definitely a good point, especially as the guy at the place I chose in the end seems awesome in that regard: always super quick to get back to me. Which is why I'll probably stick in the end. Just a sour taste in my mouth overall with the process I guess, it really shouldn't have went down like that..

And thanks for all the replies everyone, and entertaining my bitter second-guessing this morning, I wasn't expecting to get this much. CP really is the bestest.

jwslam · 05-27-2021, 08:48 AM

Quote:

Originally Posted by RichieRich

Don't want to lose both places either.
That said if the 1st place renters now seem flaky to you... consider what your gut feel is regardless of the view.

This.
You don't want to walk up to a flood in the bathroom, unable to reach that rep for 4 days...

I'm hoping this is your first time moving out from the parents? (i.e. you would still have a place to stay if you aren't secured for Jun 1)
Am I the crazy one to wonder how people live their lives when they may not have a home 10 days down the road?