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I am having trouble getting my deposit back from an apartment complex. Before applying I informed them that we were in a hotel and required an immediate move in and I did not want to apply unless the apt was available immediately, they assured me the apt was available immediately and I would have a definite approval or rejection within 48 hours - (I asked if sat/ sun counted and was told YES), however I was required to place a full deposit and app fee before applying and that these would be forfeited should I be approved and then not move in, or if I lied on the app or even if they found 1 discrepancy on my credit report. I made it clear I only would apply if I could move is as soon as we were approved (basically asking to move in after the 48 hour time frame. Sat I called and we were 'approved' from the credit department but would now have to wait an additional 2 days to get approval from the manager, in the same conversation I was informed the apartment would not be ready for move in until FRIDAY. I requested my deposit back for this reason and was told NO, that I if I do not rent the apartment I will be forfeiting the entire deposit and application fee. I am in Dallas, TX. Is this legal? Is there anything I can do? Its almost Christmas, I cant afford to keep staying in a hotel with the kids, I was extremely clear before submitting the application that I needed something immediately.
Do you have anything in writing to prove that you were told the unit would be available immediately - email, text?
The application fee is generally not refundable if you change your mind but check TX landlord tenant laws (linked in first "sticky" on this forum) to see what is said about deposits. You also need to read your receipt and see if this was a security deposit or a holding deposit. Security deposits must be legally returned if you never move in.
Suggest you speak with Legal Aid in your area on Monday.
Texas. Pro landlord state. They are making the apartment available, just 5 days later, which many judges would not consider to be unreasonable.
I think your best bet is to wait and move in on Friday. Or else, you can try to find something else that is ready sooner, and you can try taking management to small claims court to get your deposit money back. You might win, you might not. If you lose, you've lost not only your deposit, but all the fees to file the suit at the courthouse.
Can you find something to move into faster than this Friday? Are you sure?
I'm sorry to have to hurt your feelings, but nobody but you cares that you need a place immediately. In fact, that would come very close to grounds to deny for me.
I hope that for something so critical for you that you got it all in writing, to prevent misunderstandings. Terms in writing is always very important.
I wish you the best of luck in finding a place to live.
Things happen. Could be something happened on the Apt end nobody could plan for.
How did you end up living in a hotel? I remember having to live in a hotel room when my son was a baby.. came home from shopping one day & the trailer we were renting was off its blocks sitting in Mud from 6 weeks of almost constant rain!
This is very unfortunate this happened to you. However, I would look at it this way. You've found an apartment you like, you're approved to move in.
You just have to hold out for four more days. If you try to take another apartment first you have to find it. Then you have to come up with all that rental/ application money again. You also have to wait for that apartment manager to approve you.
All of that is going to be expensive and take you well into the week, probably to Friday anyway. Also, if you took the current apartment manager to court, that will be expensive on your part and will take time. It's not going to happen in a couple of days. You may or may not win.
The best and least expensive solution is probably to wait until Friday and move into the new place.
Did you write it on your paperwork you signed with the deposit/app fee on it and had them initial it?
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