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Apartment holding fee

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i paid a $35.00 application fee to a apartment complex that was full @ the time, wanting an UPSTAIRS unit by the first of the next month. i was called by them a few days before the first of the month and informed that there were no notices given for an upstairs unit, however if i chose to wait they would have one by the 8th of the month, i was ready to move in but was told the unit would not ready until the 8th. i moved in then paying a prorate for the rest of the month + a $99.00 first mo. move in special in advance. i paid the first full rental payment on 5/1/01 and two weeks later i was asked if i had paid a hold fee of $50.00 when i filled out the application. they are trying to charge me this fee. there was no apartment to hold.
can they do this? shouldn't they have charged me this before i moved in, before i picked up the keys? and if they can, can i request that this fee be spread out over several months? I live in texas.

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