ERGS, Inc.

On April 1, 2014 I came to the management office of [redacted] to turn in two application forms for a total of $55.00. The lady told me I had to give her $155.00 that day, she even made me go to an ATM down the street to take out the extra money. She said if we are approved that $100.00 would go toward first months rent. She told me the $100.00 was refundable but the application fee was final. I was confused because I was never settling with these apartments just trying to turn in my application but she told me I had to pay the $155.00 up front that day so I did. She told me she would let me know within two days if we had been approved for an apartment. Two days had gone by and I still had not received a phone call. So I had stopped by the office during their business hours and they were not there. I attempted two more times during the week each time I would call in advance but once I would arrive they were never there. Finally, on April 8, 2014 I set up an appointment to meet with [redacted]. Which is the same lady I have been dealing with. Once I arrived there I let her know she never called me to let me know if I had been approved and it has been a hassle to get in contact with anyone because they are never in their office. I let her know I am keeping my options open and before I could even finish my sentence she said " your $100.00 is not refundable because you have been approved". I am filing this complaint because she states she called me and left me a voicemail saying that I was approved. I have all of my phone records printed out and not once did this lady ever call me. She never told me the $100.00 was to hold a spot I never asked her to do that all she said was I had to pay the $155.00 that day. When in reality all I wanted to do was submit my application form, but she told me I had to put the $100.00 down as well. Why would I pay a deposit or a holding fee for a place if I don't even know if I'm approved yet. Now she wants to tell me my $100 is no longer refundable.Desired SettlementI would like for these ladies at [redacted] to refund me my money. They have lied to me and they have cheated me and I want my $100.00 back. I am 21 years old this is my first time doing this I talked with my family and they told me I never had to pay the $100.00 until I know I was approved but that's not what [redacted] told me she said I had to pay it that day and my money would be refundable. I was never settling with these apartments I wish she would have told me the truth.Business Response RE: Case # [redacted]ERGS Properties is in receipt of the complaint filed by [redacted] regarding a $100 non-refundable holding deposit.Please see the attached Rental Application submitted and signed by [redacted]. Please see the signature box at the bottom, wherein, just above [redacted] signature, it specifically states: "Applicant agrees to pay a holding deposit of $100 to be applied toward Applicant's initial move-in costs. If the applicant fails or refuses for any reason (other than caused by ERGS Properties) to occupy said apartment by 4-11-14, ERGS Properties will retain $100 holding deposit."Charging a nominal fee for the resident application/screening process and a non-refundable holding deposit (applied to first month's rent) is standard for the apartment industry in the Reno Area.When [redacted] (and her co-applicant/roommate) applied to be a resident, she paid both the application fee, which includes credit, criminal, work and past-rental history, and paid a holding deposit on a unit, including providing a move-in date of April 11th. [redacted] both selected a unit and provided a move-in date. Claims that they were not settled at the time of application and holding deposit on [redacted] are simply not true. Claims that employees of ERGS Properties "made ([redacted]) go to an ATM down the street to take out...money" are complete fiction. [redacted] application was approved and ERGS had full expectation and relied upon the fact that she and her roommate would be moving in to our community on April 11th, as agreed. [redacted] cancelled the move-in just days prior to the agreed upon date, and thus forfeits the non-refundable deposit, per signed agreement.Please let me know if you have any questions. I appreciate the opportunity to respond. Thank you.[redacted]