Legal Question in Consumer Law in Texas

My son worked with an apartment office to reserve an apartment to move in in June 2014, about 1.5 months from now. He signed a paper showing his application fee and a $200 deposit to hold the apartment until then. A few days later, the apartment manager contacted him, indicating that his application was approved, BUT in order for them to rent to him, they required his lease term be reduced to 7 months from 1 year, and for him to come up with another $200. My son decided that this is not in his best interests, and went to the apartment to get his original $200 back, because the apartment manager has changed the terms of the lease agreement between them and him. He was told that since his application was approved, that they don't have to give him his $200 back.

Who is right in this case. Does the apartment have the right to keep his $200 even though they changed the terms of the agreement?

Asked on 4/16/14, 11:39 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

He is probably right, and he needs to send these clowns a demand letter. It will simply say: Give me back my money by 5:00 pm on June 10 or I will sue you for fraud and breach of contract.

And on the morning of June 11, he should sue them. He will need to serve the corporation (or other entity) that owns the apartment complex.

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Answered on 4/18/14, 12:52 am

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