Migliaccio & Rathod LLP is investigating whether apartment complexes and property management companies in Nebraska have improperly retained deposits from prospective tenants who applied for apartments but never signed a lease or moved into the property.
When applying for an apartment, prospective renters may be required to pay several different charges, including application fees, administrative fees, and security deposits. Some property managers may retain hundreds of dollars when an approved applicant decides not to move forward with the apartment, even though no lease was signed.
In certain situations, a company may initially describe a payment as a refundable security deposit but later claim it was a nonrefundable application deposit. Other applicants may discover that their deposits are subject to cancellation deadlines or forfeiture provisions that were not clearly explained before payment.
Migliaccio & Rathod is investigating whether Nebraska property managers have used misleading or inconsistent deposit policies, failed to disclose refund requirements, or retained money in circumstances not authorized by their written agreements.
Prospective Renters May Have Experienced:
- Paying hundreds of dollars in deposits before signing an apartment lease;
- Losing a deposit despite never signing a lease or moving into the property;
- Being told a security deposit was refundable but later having a refund denied;
- Discovering undisclosed cancellation deadlines or deposit forfeiture provisions;
- Receiving conflicting explanations about application deposits and security deposits; or
- Being denied a refund despite believing they complied with the application agreement.
Potential Claims May Include:
- Misrepresentation of apartment deposit terms;
- Improper retention of prospective tenant deposits;
- Failure to adequately disclose deposit refund conditions;
- Breach of rental application agreements; or
- Violations of applicable Nebraska consumer protection laws.
Signs You May Be Affected:
- You applied to rent an apartment in Nebraska;
- You paid an application deposit, security deposit, or similar upfront payment;
- You decided not to proceed with renting the apartment;
- You never signed a lease or moved into the property;
- The landlord or property manager refused to refund some or all of your deposit; or
- You have the application agreement, payment receipt, or communications concerning the refund.
If you believe you experienced this issue, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.