Can a landlord change the rent and move-in date after I paid the deposit? (Austin: apartment)

[blueskies85]

So on 7/25 I viewed an apartment and decided to rent it. The move-in date was to be 8/23 and the rent was $1,043. I filled out the application and paid the admin/app/security deposit (almost $400 total, which they cashed). I received a call saying that I couldn't move in on the 23rd anymore because that was a Sunday. We then agreed on 8/21 as the move-in date. I called last week to see what my move-in total was and they said I was scheduled to move-in on the 22nd. I corrected them that it was the 21st. They said that's fine and they'll email the details to me.

I received an email yesterday with all the move-in info. It stated the move-in date would be the 24th and the rent would be $1,057. I did not agree to either this date or this amount of rent. I tried calling but no one answers the phone. I am frustrated at this point because I need to coordinate these dates with the moving and utility companies. At this point I have no clue what my move-in date or rent is supposed to be. I also can't tell if this company is really incompetent or is just shady. They had a "no-deposit if leased within 48 hours special" on their website but when I asked they said that wasn't valid anymore. But the special is still up there almost a month later!

I don't need to move until the 31st so I'm thinking of just finding another place because this is starting to get ridiculous and I don't trust this company anymore. Anyone know if they can keep the $400 I've paid them already?

[centralaustinite]

The shifting dates is frustrating but I would not make a fuss over a $14 difference in rent. Do you not have a written and signed lease?

[A-Tex]

Like Central Austinite said, do you have a signed lease? What does it say?

[blueskies85]

No, they told me I would be signing the lease on my move-in day.

EDIT: And I know the $14 is not that big of a deal, but it's still $168 over the life of the lease and I don't like that they told me one amount when I was applying and now, right before move-in, it's a different amount.

[centralaustinite]

Originally Posted by blueskies85

No, they told me I would be signing the lease on my move-in day.

EDIT: And I know the $14 is not that big of a deal, but it's still $168 over the life of the lease and I don't like that they told me one amount when I was applying and now, right before move-in, it's a different amount.

I have never heard of that, I have always signed the lease when I gave the deposit. Let's hope they actually have a place for you. I understand that $14 adds up over the life of the lease but with the very tight rental market in Austin, you don't have much leverage. Good luck!

[gator24765]

Sounds shady, should have signed a lease when you put down deposit. Also, if they are pulling this kind of stuff now, who knows what they will do in the future.

[austin-steve]

Your TAA application should state a "contemplated" rent, move-in date, etc. Read carefully your actual application, as it is a form of agreement in and of itself. It governs the handling of your fees and deposit and what happens if a lease isn't signed.

Sounds like they are just disorganized though, which is common. Assume that will be the case when you need a repair or other service. If you're in Austin you can contact the Austin Tenant's Council for free help and advice (though they are busy and overworked so you may not get an immediate response).

Steve