Legal Question in Real Estate Law in Texas

Are application fee for rentals refundable when an applicants have knowingly denied about a payment problem from previous property? Applicants paid $150.00 for application fees and credit checks. Knowing credit was bad, landlord considered renting out if no negative remarks from previous landlord. They were asked several times but denied. When previous landlord answered the questions; they stated that they have missed payments for 7 months. Then, application was denied. Now applicants wanted to get full refund of $150 application fees. Are they entitled?


Asked on 10/24/12, 1:42 pm

1 Answer from Attorneys
T. Deon Warner Warner & Associates PLLC

Landlord

If your $150 fee is truly an "application fee" (i.e. a fee for your trouble in assessing the potential tenant's background) and not a "deposit" (prepayment of the lease subject only to approval of the proposed tenant); then it is non refundable under Texas law.

TDW

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Answered on 10/26/12, 7:36 am


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