Legal Question in Real Estate Law in Texas

Can I loose my deposit befor signing a lease.

I recently filled out an application for an apartment. I left a check for the deposit and I paid the application fee. When the apartment complex called up to let me know I was approved, I told them that I had changed my mind and I wanted their bigger apartment. I was pretty much told that they did not have a bigger apartment available and that if I didn't take the smaller apartment since they already have me set up, I'd loose my deposit. To date, I have not signed a lease, only the apartment application. Now that I have changed my mind about the apartment, will I loose my deposit if I don't move in?


Asked on 9/25/00, 12:30 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can I loose my deposit befor signing a lease.

Yes. That is the reason a deposit was required in the first place.

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Answered on 10/24/00, 10:10 am


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