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Some apartments will take into consideration your circumstances when relating to credit. For example, was it due to being laid off from a job high medical bills or a divorce vs just not feeling like paying bills? Even if the latter, have you learned your lesson that you could tell them "I realize that I have fallen behind on my bills and have assembled this plan to bring them current." Depending how bad your situation is and how strict the complex is, result could range from an outright no to maybe asking for a higher security deposit to they overlook your issues altogether and rely on your keeping your previous rental payment current.
I do suspect they are obligated to return your $100 if they decline you. Just not the $30 which they could justify in paying for the access to run your reports.
PS I believe every complex will run some variation on your credit. Unless perhaps you can luck into renting from a private individual who doesnt.
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