If you pay a complex a $200 move in fee, can they keep that if you choose not to rent there?

UPDATED: May 19, 2011

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If you pay a complex a $200 move in fee, can they keep that if you choose not to rent there?

They did not specify whether or not it was an application deposit

Asked on May 19, 2011 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no certain general answer, since whether fees, deposits, etc. are refundable depends on the wording of any leases, agreements, applications, etc.

Therefore, you need to look to the language of the document(s) to determine refundability. As guidance, if it is a fee that you pay on application without any guarantee you will get the apartment, then it probably is not refundable. If instead it says that this is a fee to applied against moving or apartment preparation costs, then it may be refundable, if the landlord has not yet incurred those costs in connection with this apartment. Again, though, you need to look to the language of whatever it is that you have signed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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