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boomer1948 Posted June 2010

ALF refused to refund over $4000 rent & deposit after my parents changed their minds and did not move in. HELP!

I signed a lease for my elderly parents for an Assisted Living facility in Florida.
We had to wait nearly 2 months for the apartment to be renovated, when it was to only take 3 weeks. During the wait, my folks interest deteriorated rapidly and they became very hostile and anxious. On the day of the final inspection they had not agreed to move in when the administrator informed us that the rent would be increasing by $300 the next day, if they did not sign the papers.
My wife and I had spent a year looking for the right facility so I encouraged them to try it. The day before their lease was to begin (BEFORE) moving in, they refused to go. I had given the facility 1 $1500 check for a community fee and $2815 for the first month's rent. When I notified the administrator of their decision, she said that I had to forfeit the entire $4315 since the contract was signed. What kind of rights do I have to challenge this morally irresponsible attitude. This is the largest ALF in the country

EXPERT Carol Bradley Bursack, CDSGF Jun 2010
You seem to have been pressured to pay early. If you want to pursue this, I'd see an attorney. Your state Attorney General's office may be of some assistance, but I believe the fight will be yours. Since they never moved in and you were pressured to sign before the rent went up, you may be able to get some of the money back. I doubt if you'll get it all, as they considered it taken and couldn't market the apartment. Good luck. This sounds a bit like a racket to me, but you will need help.

Carol

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