Security Deposit Not Returned

[Calvinjams]

In Texas. I applied at an apartment complex on Nov 29 but they called us a bunch of times asking questions such as (what unit were you applying for? when did you need to move in, and a bunch of questions that we expressed our answers for the day we signed the application. Honestly I felt like they were very disorganized and to my surprise they informed us that on Dec 1 they have switch ownership to a new property management group. so on Dec 9th we decided to call and cancel b/c we did not want to be stuck with a disorganized apartment complex (again) so the manager we spoke with said that we would get most of our security deposit back, however after a few days he then told us that their corporate office will not give us a refund for the deposit. We called their corporate office, and the account manager whom we need to speak with hasn't returned any calls or made any effort to reach out to us.


Now Do we have any legal ground here or am I just wasting my breath

 

[Just Blue]

In Texas. I applied at an apartment complex on Nov 29 but they called us a bunch of times asking questions such as (what unit were you applying for? when did you need to move in, and a bunch of questions that we expressed our answers for the day we signed the application. Honestly I felt like they were very disorganized and to my surprise they informed us that on Dec 1 they have switch ownership to a new property management group. so on Dec 9th we decided to call and cancel b/c we did not want to be stuck with a disorganized apartment complex (again) so the manager we spoke with said that we would get most of our security deposit back, however after a few days he then told us that their corporate office will not give us a refund for the deposit. We called their corporate office, and the account manager whom we need to speak with hasn't returned any calls or made any effort to reach out to us.


Now Do we have any legal ground here or am I just wasting my breath

When was the move in date?

 

[STEPHAN]

Did you sign a contract?

 

[Calvinjams]

Did you sign a contract?

I only signed the application and this rental application cover letter.

now on the bottom of the cover letter this is a small fine print that reads: "the application fee(s) is non-refundable. the Application deposit and admin fee is non-refundable if the applicant cancels after 3 days (72 hours) of our receipt of the security deposit. "


we gave them I believe 4 money orders, 2 for each application (40$ each) one Admin Fee (50$) and a security deposit of 250$ so overall they have 380$

and I believe the move in date was before jan 5. we told them we would like to move in before jan 5 because my current lease ends on jan 5th.

 

[Zigner]

I only signed the application and this rental application cover letter.

now on the bottom of the cover letter this is a small fine print that reads: "the application fee(s) is non-refundable. the Application deposit and admin fee is non-refundable if the applicant cancels after 3 days (72 hours) of our receipt of the security deposit. "


we gave them I believe 4 money orders, 2 for each application (40$ each) one Admin Fee (50$) and a security deposit of 250$ so overall they have 380$

and I believe the move in date was before jan 5. we told them we would like to move in before jan 5 because my current lease ends on jan 5th.

It sounds to me like you breached.

 

[quincy]

I only signed the application and this rental application cover letter.

now on the bottom of the cover letter this is a small fine print that reads: "the application fee(s) is non-refundable. the Application deposit and admin fee is non-refundable if the applicant cancels after 3 days (72 hours) of our receipt of the security deposit. "


we gave them I believe 4 money orders, 2 for each application (40$ each) one Admin Fee (50$) and a security deposit of 250$ so overall they have 380$

and I believe the move in date was before jan 5. we told them we would like to move in before jan 5 because my current lease ends on jan 5th.

It is important to read what you sign before you sign it. I agree with Zigner that you appear to have forfeited your deposit and fees by failing to cancel within the allowable 72 hours.

The only factor that could potentially come into play is if the new management has changed the terms and conditions of renting in a material way. But there is nothing in what you have said so far that indicates this has happened.

It would be rare, as a note, for any rental management company to refund the application fees of prospective tenants, even if a tenant's deposit could possibly be refunded. The application fees cover background checks and are expenditures that are not recoverable to management and, therefore, are not recoverable by you. It is money that has been spent.