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I applied for an apartment, paid my application fee as
well as my deposit. After 3 weeks I was informed that
the current tenant withdrew their notice and I was
told I would be given my deposit back. Is that legally
allowed? I live in Texas by the way.

Asked on April 14, 2016 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Technically, they are in breach: they should not have done this and should have let you have the unit--when a deposit is accepted, the landlord must provide that unit or at least a closely comparable one so long as the would-be tenant is ready, willing, and able to move in. 
That said, since you got your money back, it is unlikely to be worth it to take legal action: a court will not throw out the existing tenant to make room for you; if there are no other similar open units, the landlord cannot make room for you, so a court will not order them to; unless this unit was *such* a good deal that it would cost you much more to get a similar unit elsewhere, a court will not be able to award you much (if any) money in compensation for not getting this a practical matter, this is a not a case that the legal system deals well with.

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 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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