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Old 04-03-2013, 03:29 PM
 
5 posts, read 11,649 times
Reputation: 11

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Hello,

We are relocating to Texas in June and looked at complexes online. We did not have the time to travel there to see the apartment. We applied for an apartment online using the TAA application form. We were approved upon sending all the documentation. I asked the management company to send us the lease to sign however they did not.

My problem is as follows: in the TAA application form it says that if the lease is not signed in 3 days the management is not liable for anything and they can keep the application fee/deposit. They also sent us a "welcome letter" with the wrong amount of money owed for the first month's rent (I spoke with them and they said it will be changed, they never did it)

My question is this: Do I have a rental agreement/lease in place? As mentioned we did not receive an lease agreement and the lady from the leasing agency said we will get it either when we get there or very shortly before moving (June). I do not fell comfortable moving there without a lease in hand and rather look for something else.

Thanks,
Coco
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Old 04-04-2013, 02:39 PM
 
Location: Austin, TX
16,787 posts, read 48,818,121 times
Reputation: 9477
You might get a better response on this in the Renting Forum. But no everyone there is versed on Texas law. My opinion as a landlord, who does NOT use the TAA forms is...

If you did not sign the lease in advance, you do not have a lease in place.

Looking at an example of the TAA Application form on line, it appears that you are still on the hook for the Application Deposit if you do not sign a lease when it is presented to you, even though they have delayed in sending it to you. And it does not appear to give them a deadline for sending the Lease to you. They have notified you that you have been accepted, the "Welcome Letter" confirms that, which I would presume locks them into providing you with a lease eventually.

I would put all of my objections about how they have handled this in writing and mail it to them immediately, demanding that they send you the Lease immediately, with the correct amounts of money owed indicated.

If you find another apartment you like better and can get a lease from them handled in a more professional manner you could accept it but odds of you getting your previous lease deposit back are slim.
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Old 04-04-2013, 09:32 PM
 
5 posts, read 11,649 times
Reputation: 11
Thank you for your answer. I was not asked to put down an application deposit, only an application fee for the credit check. The answers I got back from the management were: we will send you the lease a couple weeks before the move in. I really don't feel comfortable with this, and started to look around for something else since I don't want to go there and have no place to live.

All the best,
Coco
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Old 04-05-2013, 10:38 PM
 
Location: The GREAT State of TEXAS
292 posts, read 1,062,841 times
Reputation: 319
esIf you paid the application fee, they processed the application and approved you via their screening process, then you should have the apartment. Were they offering a special of no deposit with approved applications when you applied or do they collect the deposit/Sure deposit on day of move in?

I would call the leasing office and ask for them to send you the lease via electronic process. Being that they are using a TAA application, they should have access to the TAA lease online to send to you by email. If so, be sure you read the entire document as it is a legal binding document.

If they have not sent the lease to you online, they may not have access to this feature (or may not know how to use it) and will have you sign all lease paperwork when you arrive to move in. I know the community I work at we are HUGE on using the online lease.

A call or email to the leasing office addressing your concerns on what all will be done on move in date should rid all issues.

Should you decide to not move there and find something else without a signed lease you would be out the monies you have already paid since application fees are usually non refundable if this is all you have paid. Some adminstrative fees can be nonrefundable as well but its up to how its worded on the rental qualifications.

PM me if you have questions about the lease itself....I do them daily.
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