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May 27, 2012

John asks…

What recourse do I have if an apartment complex does not honor the terms of the rental application in texas?

I applied for an apartment and the application specifically stated that if I paid the application fee, the administrative fee and the deposit, the apartment would be taken off the market. It specifically outlined and stated the apartment #, the move in date and the agreed rental rate. The following day I get a call from the apartment complex asking me if I could move in on an earlier date than the agreed move in date because they really need to rent the apartment out at an earlier date. I stated no because I and the leasing agent signed the application that agreed to those terms. I also paid the required monies to take the aparment off the market. Then on the following day, the leasing agent calls and states that the present tenants are not going to move out. So now I am out the application fee and the deposit. I don’t think the leasing agent should have given me the impression that the apt was available if that was not the case…so what recourse do I have now? Anybody?

Administrator answers:

Unfortunately, that happens alot to landlords. A tenant will give 30 day notice, the landlord advertises and even gets a renter, then the tenant changes his/her mind. This is not the fault of the landlord and because the tenant already has had possession of the apt and wants to remain, the landlord cannot do anything about it. However, the landlord can give you back your deposit. An application fee is non refundable usually. I am not sure what an administration fee is, so I am assuming you are dealing with an apartment complex. If he has another apt, he can give that to you in place of the other, for the same price. Move in there. If there are no other apts, then as I said, the deposit should be returned to you.

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