Can apartments keep my deposit? (Houston, West: lease, transfer, live)

[ALLYSSA]

I filled out an app at some apartments in Houston, Westheimer/ Hilcroft area, they said they needed $95 to hold the apartment. I was a bit concerned with their broken security gates but I was told I would get 703, right near the office in the front so I felt better about that. Then, I was told a week later, that one would not be available on time, they assumed for some reason I was moving in much later than I put on my app! I asked for a map of the new location and pictures of the apartment. I am out of state and could not go look at it in person. They said OK they would get tem sent that day, never happened. I did finally get a map but never the pictures they agreed to send and all I was told is it's the same layout. I was moved to the back of the complex, down stairs, right next to the broken gate that was not going to be fixed. I was also hung-up on about 8 times, put on hold and forgotten about twice. With the unprofessionalism and the fear of security I decided I did not want the back apartment and I did want a refund, they refuse. Is this legal?

[modster]

The back of the lease application, at the top, is where they fill out the pending lease information. In other words the info that will transfered over to fill in the blanks on the boiler-plate lease form. If that information included a specific move in date for a specific apartment number, and they were not able to meet that, then they are in default, not you.

Do not waste time arguing with the on-site staff. Demand the name and contact number of the Regional Director and explain that the apartment you contracted for could not be delivered, therefore, they are in default. You can get into the other issues as well with the Regional Director.

[HillaryC]

They rarely put that in writing. Safe to say you lost that deposit. Unless you can talk them into refunding it.

[cheryjohns]

You might need this info:

Houston Apartment Association
Resident Relations 713-595-0300 x 4

[modster]

Originally Posted by HilaryC

They rarely put that in writing. Safe to say you lost that deposit. Unless you can talk them into refunding it.

All of that should have been filled out on the back of the TAA lease application. That is standard practice, not a rarity. The only time they wouldn't is if it was a "floating" deposit on a floor plan that was not readily available to assign it to and you are waiting for a specific floor plan to come available.

The HAA line can provide a resource for resolution, but it is a lengthier process. Going directly to the property supervisor will probably yield much quicker results.

[HillaryC]

They rarely put in writing which apartment you will get..

[cheryjohns]

Originally Posted by HilaryC

They rarely put in writing which apartment you will get..

I thought the application was address specific. If not, management there isn't good.

[modster]

Originally Posted by HilaryC

They rarely put in writing which apartment you will get..

You are absolutely wrong. It is written on the back of the TAA application. It has to be in order for them to know who is getting what apartment & to update their systems. I spent 20 years in the apartment business, I know.

[HookTheBrotherUp]

Does anyone actually write anymore? Many, many years ago I had an apartment management company keep my deposit. The company counted holidays, and weekends when their office was not staffed as business days. They made it clear they would not deal with me, but I did not stop there.

I found out who the parent company was and their corporate office address and wrote a cursive letter to the company explaining why I thought it was wrong of them to keep my money, and the only response I got was a check issued in my name for the deposit.

Good luck.

[HillaryC]

Originally Posted by modster

You are absolutely wrong. It is written on the back of the TAA application. It has to be in order for them to know who is getting what apartment & to update their systems. I spent 20 years in the apartment business, I know.

No.