Background/credit check fees

[Michelle Miller]

I and my husband recently tried to rent a house. We filled out the application form that she had at the house that she handed us and I emailed them to her. She wrote back and said thank you I have reviewed it, but I also have another form I need you to fill out and I'm going to email it to you and I need you to email it back to a different email.  So, thinking we have already got the house since she also had answered yes to my question about a bed she might leave at the house for us saying we could use the bed if we needed it, I told her ok I will do that. She never told me what the other papers were or would be or if there were any fees involved.  She sent the form via email with a forward that stated simply "Tenant app, one to be filled out by each applicant" Well the form was titled "Beacon Background Screening Services Tenant Screeming Application".  The form nor the email, nor any of her texts, nor verbally, nor her original online ad for her house, mentioned any fees. I noticed her forward had originated from ...... group, but she had not specified which email to send the forms to. So, we printed out two forms, and I filled out one and my husband filled put one. I emailed the lady/homeowner and I said ok I have the forms all filled out can you clarify whom I am sending them to? She simply emailed back for me to send a copy to her and the other email. As to not bother her, I used common sense and sent the email to the .......Group email that her forward originated from and copied to her. Mind you, we had only 3 days to be out of where ee were living, she knew this and led us to believe we were moving in that Friday and these were merely formalities, I thought literaly it was just to do a background check and rental reference just to kind of back up everything we had on pur original apps. The next day was Wednesday and at 11am the ....... group called and got my rental reference. The property management company had told me this and that they of course gave us a great reference,  but stated it was highly unusual for someone to actually call and do one, stating it never happes but that maybe this ...... group was just really on the ball. Being excited, I texted the homeowner asking if she had gotten any information back and if everything was a go to move in Friday. She wrote back at 2pm that same day and said oh " the .....group needs 100 dollars or I can't get an answer for you. But if you can give me 100 today I can tell you by end of the day. Well, I told my husband and he was like 100 dollars for what and I said I don't really know but I guess for background checks and we will find out right away if we can move in Friday.  So he brings her the 100 to her work and she takes it and says ok tell your wife I contact her in the morning. So all Thursday morning I anxiously await. Nothing. Until 2pm she texts mecand says oh your credit is ..... and you are behind on your bills hope you find another house. Omg , I was like what the.......And I wrote her back a text saying well I am not behind on ANY bills and if you had called me I would have explained that just 3 months ago my car was totaled and the company is just now working on updating it with the credit bereau as to not show me as 3 months behind on a car I do not have or owe money on. On top of that I just recently found out thar my DEFFERED and in good standing sudent loans show up as 2 months behind on the credit checks, yet I am in good standing and not ever behind on payments because I do not make payments because it is deferred.  She never responded and we had to temporarily move in with friends. I waited a few days and then texted her explaining how I was never told of ANY fee until AFTER the .....group has already ran checks on me and she never said exactly what they were for or if they were refundable or not. Of course she claims she told me. Yet, no email,  no yext, no messages no nothing. Nowhere does it say that or did she day that.  So, do I have a right to get my 100 that I feel she should give us back?