If you pay for the admin fee and app fee and turn in the application are you able to walk away from the deal or is it final?
I filled out the application and turned it in.
I have not paid for the deposit yet.
Am I still able to walk away from this apartment?
Is the app fee and admin fee refundable?
1 attorney answer
The legal analysis would start with a review of any documents that you signed, and any promotional literature or brochures or web site information from the landlord or property manager, and then extend to any communications which have occurred.
You may be able to get a refund of your security deposit if more than seven days has elapsed from the date you applied to the date that you notified the complex that you wished to withdraw your application, and if during that period the complex did not provide you with notice that you had been accepted. This is important because if the landlord (or property manager) did not inform you within 7 days that your application was accepted, then you were automatically rejected.
Under the landlord-tenant provisions set out in Chapter 92 of the Texas Property Code, the landlord had some obligations about the application procedure. If the landlord (or property manager) failed for example to provide the tenant selection criteria, then the landlord had to refund your application fee and security deposit since your application was deemed rejected under Texas Property Code section 92.352. The landlord has liability for not refunding your application fee and security deposit under section 92.354. Pertinent provisions of Chapter 92 follow.
Sec. 92.352. REJECTION OF APPLICANT. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the:
(1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or
(2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form.
(b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants.
You can review the entirety of Chapter 92 of the Texas Property Code at the following web addresses:
Texas Property Code Chapter 92 - Landlord - Tenant Residential Property
I suggest that you write a letter by certified mail, return receipt to request the return of the money. Set out the facts in the letter, and the reasons why the money should be returned.