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Hoosac_Love t1_jc90djf wrote

I have never been charged for an application on any rental,is this a fairly new practice?

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[deleted] OP t1_jc8v4ev wrote

Opinion:

> How do I get it back without using legal avenues?

You cannot. -- Hypothetically speaking, if I were to hand you, for example, $20, it's yours and unless you are willing to give it back, I am out of luck.

> I don’t want to rock the boat and go to court, as the landlord seems very nice.

That's something to consider. You can either rock the boat and risk being on bad terms with your landlord, or accept the loss. You cannot have your cake and eat it too.

> Anytime I’ve questioned it when looking at apartments, the mood changes and suddenly the landlord is defensive. I get it, they want to be compensated for time/effort of screen applicants. But it’s illegal! Finally decided to just pay the damn fee

A late friend of mine would say, "There are rules and then there are rules."

Something is only as legal or illegal as much as the system and the people are willing to enforce it or accept it. You knew the status quo, but you accepted it anyway.

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[deleted] OP t1_jcagebi wrote

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[deleted] OP t1_jcahpqd wrote

Opinion:

> I don’t really have an option unless I wanted to be homeless. It’s really messed up that landlords are choosing to illegally charge fees they aren’t supposed to. Is it having my cake and eating it too, or landlords taking advantage of an insane housing market and being greedy? 🤔

You chose to work with that landlord. You chose to pay that fee. You knew what you were getting into, and you chose it anyway. By choosing it, you enabled it, and you consented. That is your responsibility.

You want to consent and then cry foul. You want to consent when it benefits you, then use the rules you helped break to recoup your supposed loss. That is not how the world works, so yes, you do want your cake and eat it too.

The right to do anything would have been to not pay the fee, apply elsewhere, and report whoever you believed was breaking the law. That was the right way and time to do things.

As I said, my late friend would tell you, "There are rules and then there are rules." Something is only as legal or illegal as people and the system are willing to accept or reject. You chose, for whatever reason, to accept and embrace. Furthermore, you benefited from it.

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[deleted] OP t1_jcakn1z wrote

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[deleted] OP t1_jcao0ke wrote

Opinion:

> So it’s Ok for people to break the law if they’re taking advantage of something, since the other party benefits from it too? 🤔

Not sure, if trolling, since that seems like a loaded question. But let me put it this way. It is technically still illegal to sneeze in public by the road. The old law was made so as not to scare horses on the road. It is not enforced, and people who sneeze out on the street are technically still breaking the law.

Laws are only as good as people are willing to accept and willing to enforce. You were willing to break the law, as was the landlord, and you are not going to report this either.

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[deleted] OP t1_jcapdyu wrote

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[deleted] OP t1_jcaq1wz wrote

Opinion:

I would suggest you speak to a lawyer if you are that concerned about it. I am not going to provide legal advice.

If this is illegal, do I think that's a bad thing you are experiencing? Yes. But your choices were to either keep looking elsewhere or accept it. You chose to accept, and from the sound of it, so have many others. The world is what we make of it, for better or for worse.

And I'll end my thought by saying, that silly old law, become a silly old law, because the world accepted it as such.

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PM_me_PMs_plox t1_jcavtax wrote

You should report this to... the relevant authority, which I'm not sure who it is. If they bother to actually look into it, it could scare your landlord into giving it back. Otherwise, you could sue them in small claims court if you ever move out.

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[deleted] OP t1_jcay5tm wrote

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PM_me_PMs_plox t1_jcaz4r6 wrote

"If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400."

Might as well tell them, but I'm not sure how much they'll help if you're not going to fight it yourself.

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-CalicoKitty- t1_jc93pak wrote

For some reason it is legal for brokers to charge application fees though.

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fatpumkin t1_jcb6s4j wrote

I've come across this before in Worcester. It was like $250 or something ridiculous. I told them I wanted to apply but would not be paying it. Took some pressure but they relented. That being said I decided against going for it. No way they're good land lords

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[deleted] OP t1_jcbh8rk wrote

It's risky but you can try just shorting your next rent check by that same amount and telling them it's for the illegal application fee. This is 100% bad advice but I have done it (not for application fee though) before

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G2KY t1_jc9qzmb wrote

It is not illegal to charge an application fee. And even if it is, good luck getting it back.

Generally, when you submit application fee, it is implicit confirmation that you will rent the home and that fee applies to the first month’s rent.

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