• Report: #997038

Complaint Review: 5TH AVENUE AT DELRAY CONDOMINIUM ASSOCIATION, INC.

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  • Submitted: Tue, January 15, 2013
  • Updated: Tue, January 15, 2013

  • Reported By: GoodSamaritan — Delray Beach Florida United States of America
5TH AVENUE AT DELRAY CONDOMINIUM ASSOCIATION, INC.
190 NE 5TH AVENUE DELRAY BEACH, Florida United States of America

5TH AVENUE AT DELRAY CONDOMINIUM ASSOCIATION, INC. JOHN PAGE, BEATRIZ RIVERA Cashed my deposit check before i even signed a lease and refused to give it back. I never signed a lease at this place, I only applied for rental approval and they asked for a deposit of $3000 which t DELRAY BEACH, Florida

*Consumer Comment: What did the rental application state?

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Cashed my deposit check before i even signed a lease and refused to give it back.  I never signed a lease at this place, I only applied for rental approval and they asked for a deposit of $3000 which the sales rep said was a refundable deposit if i chose to not move forward, I did not, they kept it. 


After finding out the room dimensions were way off their floorplans my roommate and I decided less than a week later that this complex would not work for us.  At this time, Beatriz went on a two week vacation and did not tell me I was not getting it back until she returned.  Enter John Page, the manager of the property tells me that he has the right to keep my deposit.  Both deny saying it was ever refundable... because I just love giving money away. Neither Beatriz Rivera of John Page believe they should give me my money back!  This place is a rip off.  Be smart. Don't rent from them. 

This report was posted on Ripoff Report on 01/15/2013 04:04 AM and is a permanent record located here: http://www.ripoffreport.com/r/5TH-AVENUE-AT-DELRAY-CONDOMINIUM-ASSOCIATION-INC/DELRAY-BEACH-Florida-33483/5TH-AVENUE-AT-DELRAY-CONDOMINIUM-ASSOCIATION-INC-JOHN-PAGE-BEATRIZ-RIVERA-Cashed-my-de-997038. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

What did the rental application state?

AUTHOR: Giselle - (USA)

Do you still have a copy of the rental application that you signed? A lot of companies sneak verbiage on the rental apps that state deposits are non-refundable.  People fail to read what they are signing (and they are counting on that!) and find out later they agreed to the terms.  If you don't have a copy, ask the property for a copy. If they don't have one, then they can't prove you agreed to anything (verbal agreement in this case is meangingless).  Another way to get your money back is to prove they blantantly mislead you about the property rental, i.e. presented a different floor plan than what you would actually be getting, promised you amenities not available, etc. I'd create a paper trail, i.e. send correspondence in a trackable form (UPS, Fedex) that shows your letters were signed for. Don't rely on telephone calls, that just creates a "he said, she said" situation.

Future reference, you can refuse to put down a deposit and say "no, I just want to do the app at this time. I'll submit the deposit when I sign the lease".  Most properties will back down, espeically if your credit/income check comes back excellent and they want you in as a tenant.

You may have to file in small claims court on this, if you can prove that A. you didn't sign an agreement to the "no deposit refunds" and/or B. you can prove they misrepresented their rentals.

Disclaimer: I'm not a lawyer, just someone who has worked in property management.
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