Legal Question in Landlord & Tenant Law in Texas

Application Fee/Security Deposit

I gave a deposit for an apartment and was told the application fee was non refundable. The apartment was not going to be ready for several weeks (current tentant had not moved). Meanwhile I found a better place, no lease was yet signed and they will not refund the remaining deposit minus the app. fee. Can this be legal?


Asked on 9/05/03, 4:15 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Application Fee/Security Deposit

They should be able to keep the application fee, but not the security deposit. Your remedy would be Small Claims Court.

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Answered on 9/05/03, 6:03 pm


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