Can I getthe deposit back that I put down for an apartment?

I put a deposit down for an apartment thinking that I was getting into the apartment for that amount only. Then 6 days later when I spoke to the leasing manager they informed me that I had to pay a pro-rated rent before I was able to move in. I was not given this information when I signed the lease. Tomorrow is the seventh day since I put in my application. Can I get my deposit back since I cannot afford to pay the first months rent that they are telling me I have to pay now?

Asked on November 1, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have not signed a written lease agreement with the landlord or the property manager for the unit you wish to occupy and you have not moved into the rental yet, you are entitled to the full return of your deposit money.

I would write the property manager/landlord a letter requesting the return of your deposit by a set date keeping a copy of the letter for future reference. If you do not receive the desired response to your letter for the deposit's return, your option is small claims court.

Good luck.

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