Legal Question in Consumer Law in Texas

Apartment cashed deposit

My son put down $350 to hold an apartment until June. There were to be 3 roomates. After running a check they found out one of the roomates has a misdeamenor on his record so they refused to alow them to rent the apartment and kept their $350. deposit actually cashing it 2 days after they received it to hold an apartment until jJne 2007. Is this legal.? What is my son's recourse?


Asked on 4/17/07, 5:47 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Apartment cashed deposit

It's legal to cash the check unless a restriction was written on its face.

Your son would have to read the lease agreement they signed for the apartment to see if there are grounds for the apartment complex to keep the deposit.

Since the apartment management refused to lease the apartment they should return the deposit unless the contract says otherwise. Your son needs to write a letter demanding return, sent certified mail. If they refuse to return the deposit within a reasonable time (10 to 30 days) your son can proceed against them in Small Claims.

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Answered on 4/17/07, 6:12 pm


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