Legal Question in Landlord & Tenant Law in Texas

My husband and I applyed for an apartment we payed $49 for app fee and $149 for deposit,they told us it was the last day of there special so if we didnt apply right then the rent and deposit would go up. then a few days later the apartments called and said they could not approve use as my husband had a misdemeanor on his record, the misdemeanor was filed as "NFOG" no finding of guilt and we offered to bring paper work from the county stateing he was not guilty, on top of that no where on the app. did it state we had to tell them about any misdemeanors only about felonys. then they told us since we didnt tell them about it in the 1st place (we didnt know we had to and they never asked) they are keeping our deposit. THen since the deposit was a check my husband put a stop payment on it becuase they had no right by the app contract to keep the money, mind you he didnt stop the app check only the deposit. now they are trying to say we have a contract to lease with them and still owe them what should we do?? take them to small claims? we just dont want it on our credit report

Asked on 10/27/10, 7:24 pm

Robert Stephens Stephens & Stephens

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Make them report you, Just say no. Write them a letter telling them to refund what you have paid. That will tell you a lot about what they will do.

Answered on 11/04/10, 2:33 pm

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