Can a landlord accept higher bid on rent from a prospective tenant once paperwork is completed w/ another possible tenant?

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Recently, my husband and I went to view an apartment. We were the first to view the unit and decided we wanted it immediately. We filled out the paperwork and provided our checks to hold apt. In the middle of all this, a second prospective tenant showed up. The landlord told them right away that we were already filling out our applications and had our checks ready to hold the place; that they would be next in line if we didn't it. The prospective tenant then started offering to pay a higher rental rate for the unit, right in front of us. Things got really awkward. Ultimately, the landlord decided to go with my husband and I since he verbally announced that we had first dibs on the unit. My question is, if he hadn't, would it have been legal if he went with this other tenant?

Attorney Answers

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Travis Scott EllerPersonal Injury LawyerSeattle, WA ·
It would be difficult to answer the question without reading what you signed, but unless you and the landlord both signed a rental agreement, or a binding promise to hold the unit for you pending credit checks, etc. , then you or the landlord could just walk away. It was quite rude for the landlord to accept a competing bid right in front of you auction-style, but not illegal.
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Thuongtri Nguyen ·
"My question is, if he hadn't, would it have been legal if he went with this other tenant?" In the scenario in your post, there was no binding agreement between you and the landlord regarding the rental. You were free to change your mind about renting the place just as the landlord was free to change his mind about renting to you. Landlords can certainly rent to the person willing to pay the most for the rental as long as the rental is available. Landlords can also decide based on other factors to rent to a person willing to pay a lower rent. Landlords cannot based their rental decisions on certain bases of the tenants (such as gender, race, family status, etc.). More information about unlawful discrimination is at www.hum.wa.gov . In your case, you got the apartment. So, unless you are alleging the landlord did something unlawful or now you want to get out of renting, it's time to enjoy living in the rental. As long as the landlord remains reasonable, you should reciprocate so that the landlord is happy to rent to you as long as you want.
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