Legal Question in Securities Law in Texas

Can an apartment complex keep a security deposit if application is not approved

Asked on 12/15/10, 7:20 pm

1 Answer from Attorneys

T. Deon Warner Warner & Associates PLLC

The application generally spells out whether the fee is refundable or not. Often the fee is not refundable because it covers the cost of reviewing the application, calling references and doing a background check on the applicant. If you submitted it and it says it is non refundable if not approved, then you loss your money. If the application is silent on the point (ie says nothing about refund of the fee on non approval); then you are entitled to receive your fee back. Either way, make a written demand for return of the fee and keep a copy of what you send them. If you don't receive the fee or any response in ten days, talk with a landlord-tenant (real estate) lawyer about it.

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Answered on 6/13/11, 10:44 am

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