Move In Fees if I never move in?

[mrjohner]

Hello,

I put in an application for a rental apartment and paid a $50 application fee and a separate check for a $400 move-in fee.

I was never contacted by the property and another application I put in somewhere else called, so I moved in there.

A month after the application, the property cashed my check for the move-in fee, and also the application fee.

I am fine with the application fee, but can they cash my check for a move-in fee, if i never even moved in?

they are saying it was to keep the apartment off the market, but that sounds more like a deposit.

Move in fees, from my understanding, are to cover elevator usage, and administrative fees associated with turning over the unit to a new tenant.

thanks for reading.