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Am I entitled to a Security Deposit / App Fee Refund if apartment is not available

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margiepadilla

Junior Member
What is the name of your state (only U.S. law)? Texas

I am having trouble getting my deposit back from an apartment complex. Before applying I informed them that we were in a hotel and required an immediate move in and I did not want to apply unless the apt was available immediately, they assured me the apt was available immediately and I would have a definite approval or rejection within 48 hours - (I asked if sat/ sun counted and was told YES), however I was required to place a full deposit and app fee before applying and that these would be forfeited should I be approved and then not move in, or if I lied on the app or even if they found 1 discrepancy on my credit report. I made it clear I only would apply if I could move is as soon as we were approved (basically asking to move in after the 48 hour time frame. Sat I called and we were 'approved' from the credit department but would now have to wait an additional 2 days to get approval from the manager, in the same conversation I was informed the apartment would not be ready for move in until FRIDAY. I requested my deposit back for this reason and was told NO, that I if I do not rent the apartment I will be forfeiting the entire deposit and application fee. I am in Dallas, TX. Is this legal? Is there anything I can do? Its almost Christmas, I cant afford to keep staying in a hotel with the kids, I was extremely clear before submitting the application that I needed something immediately.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Texas

I am having trouble getting my deposit back from an apartment complex. Before applying I informed them that we were in a hotel and required an immediate move in and I did not want to apply unless the apt was available immediately, they assured me the apt was available immediately and I would have a definite approval or rejection within 48 hours - (I asked if sat/ sun counted and was told YES), however I was required to place a full deposit and app fee before applying and that these would be forfeited should I be approved and then not move in, or if I lied on the app or even if they found 1 discrepancy on my credit report. I made it clear I only would apply if I could move is as soon as we were approved (basically asking to move in after the 48 hour time frame. Sat I called and we were 'approved' from the credit department but would now have to wait an additional 2 days to get approval from the manager, in the same conversation I was informed the apartment would not be ready for move in until FRIDAY. I requested my deposit back for this reason and was told NO, that I if I do not rent the apartment I will be forfeiting the entire deposit and application fee. I am in Dallas, TX. Is this legal? Is there anything I can do? Its almost Christmas, I cant afford to keep staying in a hotel with the kids, I was extremely clear before submitting the application that I needed something immediately.
You would be hard-pressed to find any other apartment that would allow for a more rapid move-in, and trying to apply elsewhere now would result in an even lengthier delay.

While I do not see that the apartment management has done anything illegal in what you have posted so far, davew128 has hit on the key - what does your lease agreement say about the move-in date?

If you signed a lease with a Friday start-date, you are legally bound by those terms and you may find it difficult to support a return of your deposit and application fee. Application fees are rarely refundable, anyway.
 

Silverplum

Senior Member
I'm sorry you are in this stressful position. I've googled up some possible sources of emergency help for you:

https://www.tdhca.state.tx.us/texans.htm

http://www.salvationarmytexas.org/housing/

http://www.needhelppayingbills.com/html/texas_assistance_programs.html

The last one mentions this: Rental Assistance
Programs offered by the Texas Department of Housing and Community Affairs (TDHCA) provide vouchers to assist those in need with paying their rent. Also get assistance with fees and security deposits. 1-800-525-0657 to find additional ways to get rent help.

God bless you. :)
 

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