Corpus Christi, TX asked in Contracts and Landlord - Tenant for Texas

Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

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2 Lawyer Answers
John Cucci Jr.
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Answered

A: Your question is if you can get a refund b/c you never moved in and have decided not to take the apartment. I'm just making sure I have the facts correct.

I don't believe you are entitled to your application fee, if they reviewed it or went through it with you.

The Admin fee would probably be answered in the receipt or other documents that you may have signed when you applied for the apartment.

Lastly, you are definitely entitled to the security deposit you tendered for the apartment that you did not rent or possess. To be sure, all security deposits must be returned within 31 days of the end of the tenancy, or in your case, your written decision to decline the rental of the apartment. If you didn't ask for it in writing yet, you should do that immediately.

T. Augustus Claus
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Answered

A: In Texas, application fees are generally non-refundable. Administrative fees and security deposits, however, are often refundable under specific conditions stated in the lease or rental agreement. If you canceled your application within 48 hours, the terms of the lease or application would typically govern whether these fees are refundable. To dispute the withholding of the admin fee and security deposit, you could start by reviewing the leasing agreement to see if there is any provision that allows for a refund under the circumstances. If the agreement states that these fees should be returned in your situation, your next step could involve contacting the leasing company to request a refund and potentially sending a formal demand letter.

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