Texas.
My question involves a application deposit.
Apartment manager is refusing to give back an application deposit. Here is what happened. My Father and I were trying to rent an apt, as co applicants. But due to my employment situation I was rejected. The manager stated they could use my father application to qualify us. They stated he was accepted, but with stipulations. A main sticking point which led us to decline the offer was the amount of the sec deposit and the leasing agent not counting the application deposit toward the the new sec deposit. They stated new security deposit would be 1/2 months rent only ($345.00), but they refused to apply the application desposit to it. it has been my understanding in Tx that once approved for an apt. the deposit 1st put up during the application deposit will be transfered over into the security deposit so any further amount asked for would be offset with the intitail deposit. For example, I put up $100.00 then when approved the additional deposit asked for $345.00 would be only $245.00 since the $100.00 is subtracted. The apt. managgement could not explain what happens to my my initial deposit, all she said was I would get it back when I move out.
But I am sure I am correct that its rolled over into a sec deposit. Regarding the app deposit, am I correct in saying it is rolled over and if more sec deposit money is asked for it should be deducted partially form the app deposit?
2nd. I have just found out that under TX prperty law if one co applicant is rejected then all other co apps are also considered rejected. Therefore they simply should of ended the leasing process and it should not of gone any further. Is this correct?
Now the apartment manager will not refund my app deposit, because she states I was accepted, but I declined the apartment so they can keep all the money I put up. Let me be clear we did not accept the offer w/conditions and then changed our minds. We declined the new offer when they 1st presented it to us. The apartment manager is also claiming since they accepted us even with new conditions (we never agreed to or knew would be added) they are allowed to keep the deposit.
This just seems odd to me. If one is approved for an apartment with "conditions" and if the renter does not approve the conditions or know about them, and he declines the offer then the apartment manager can always keep the deposit. If that is so then the apartment manager can make any conditions even if they are unreasonable and if you decline the new conditions they can keep your money. Basically she is saying you have to accept these new conditions no matter what they are if you don't we can keep your deposit. These new conditions are not known to the renter, how can I accept conditions when I do not know what the new conditions are? Its as if I am being locked into a contract before I even know what the contract consists of, and in a way I am being pressured to accept any new conditions if I do not they will not refund my money.
Also I am writing them a demand letter. In this letter should I include the legal argument as to why I am entitled to a return of my money. For example, should I quote the TX state law regarding rejection of applicants and so on.
Any adice would be greatly appreciated.
My question involves a application deposit.
Apartment manager is refusing to give back an application deposit. Here is what happened. My Father and I were trying to rent an apt, as co applicants. But due to my employment situation I was rejected. The manager stated they could use my father application to qualify us. They stated he was accepted, but with stipulations. A main sticking point which led us to decline the offer was the amount of the sec deposit and the leasing agent not counting the application deposit toward the the new sec deposit. They stated new security deposit would be 1/2 months rent only ($345.00), but they refused to apply the application desposit to it. it has been my understanding in Tx that once approved for an apt. the deposit 1st put up during the application deposit will be transfered over into the security deposit so any further amount asked for would be offset with the intitail deposit. For example, I put up $100.00 then when approved the additional deposit asked for $345.00 would be only $245.00 since the $100.00 is subtracted. The apt. managgement could not explain what happens to my my initial deposit, all she said was I would get it back when I move out.
But I am sure I am correct that its rolled over into a sec deposit. Regarding the app deposit, am I correct in saying it is rolled over and if more sec deposit money is asked for it should be deducted partially form the app deposit?
2nd. I have just found out that under TX prperty law if one co applicant is rejected then all other co apps are also considered rejected. Therefore they simply should of ended the leasing process and it should not of gone any further. Is this correct?
Now the apartment manager will not refund my app deposit, because she states I was accepted, but I declined the apartment so they can keep all the money I put up. Let me be clear we did not accept the offer w/conditions and then changed our minds. We declined the new offer when they 1st presented it to us. The apartment manager is also claiming since they accepted us even with new conditions (we never agreed to or knew would be added) they are allowed to keep the deposit.
This just seems odd to me. If one is approved for an apartment with "conditions" and if the renter does not approve the conditions or know about them, and he declines the offer then the apartment manager can always keep the deposit. If that is so then the apartment manager can make any conditions even if they are unreasonable and if you decline the new conditions they can keep your money. Basically she is saying you have to accept these new conditions no matter what they are if you don't we can keep your deposit. These new conditions are not known to the renter, how can I accept conditions when I do not know what the new conditions are? Its as if I am being locked into a contract before I even know what the contract consists of, and in a way I am being pressured to accept any new conditions if I do not they will not refund my money.
Also I am writing them a demand letter. In this letter should I include the legal argument as to why I am entitled to a return of my money. For example, should I quote the TX state law regarding rejection of applicants and so on.
Any adice would be greatly appreciated.