A question about the legality of this situation?

So my best friend and I have tried to get an apartment together, in the state of Texas. We applied, signed our lease, got our keys. A day later (thankfully we haven't moved in yet!) we get called back into the office, and are asked for our keys, because they need to run a credit check again. And now, they're saying that they made a mistake and that we can't move in, and aren't planning on giving us ALL of the money that we paid them! How are they going to ask US to pay them to not live in the apartment, and for THEM making a mistake? The only money I would not expect to get back was our application fee. But not our deposit?! This is just RIDICULOUS!! I fully intend on making a copy of the lease that we signed and take it to a lawyer if they don't cooperate with us. Because, we never even TOUCHED the place, I don't understand why they can't just refund our money, and we'll go our separate ways...Can anyone offer any advice or knowledge?

Three words for you Small Claims Court. File tomorrow it's cheap. Call the Attorney General and the Better Business Bureau. Open up a war on them immediately. As soon as your legal filing hits their desk they will be singing a completely different tune. By the way you will need to file for interest also on the amount they are illegally withholding from you.

Do not move in there. Run away, Run away. I seriously don't buy the second credit check thing. They probably found someone who would pay more for your apartment or something along those lines and need to be addressed via legal channels. Here is a link to the Tenant's rights handbook for Texas. http://www.texasbar.com/Content/ContentG... Good luck and get your money back.

Do exactly what you are planning to do. Seriously. Simple as that.

Well, if they are only keeping the application fee, that is legal. It says in small print that is non-refundable even if you are denied. If they are withholding anything else, threaten them w/ a lawyer.

did you sign an application? i'm sure there is something in there that you signed stating that part of what you paid down is non-refundable. morally, it sucks, but i doubt there is anything you can do about it.

Absolutely. I would think you are entitled to your deposit back. You didn't even live there. I can see them taking your application fee. I'd make a copy of the lease, and seek out a real estate attorney. Minimally, I'd write a letter enclosing a copy of the lease to whomever the rental agency is and I'd threaten to sue them for any monies paid and any legal fees that you will have to incur. They probably have done this to others as well and no one has ever done anything about it. First document everything, write your letter to the management, enclose a copy of the signed lease and receipt for what you've both paid out and threaten them with suing them. And as a carbon copy to the letter, you may want to add some governing agency just to scare them even more such as the Better Business Bureau, etc. Good luck to you!

hire a lawyer and also make them pay for your fees, they are banking on that one you are girls and two the both of y'all are young, make a point with them and hire a lawyer

Tell them that you have a signed lease and that you can leaglly occupy the location. However, due to their concern over their error, you are being gracious enough not to occupy the location.

If they want to rescind the contract, they can,

However, rescinding a contract makes it as though the contract never existed, therefore giving them no reason to keep any part of your deposit and first month rent check.

You will not be getting your application fee back.

However, should you have missrepresented yourself on the application, thus leading to this stituation, they do have some recourse for fraud.

Why did they change their decision?

If you paid with check, stop pmt on the ck, if its cash and you didn't make any mistakes on the app. Go to the D.A.s office and file against them for withholding funds illegally, the app Fee is legal but all others or refundable.
Nothing is 'not refundable' but app fees.

If all fails, 'small claims court' and now!!!!

The only money they can keep is the application fee for looking you your credit reports. It should be no more then about 30 each.

If you committed fraud on your application and they rented to you under false pretenses they may be able to keep the full deposit as they took the rental off of the market.