Allow me make clear, that the $90 bucks that I gave and if they had done what I believe would happen and fully considered for the apartment fairly by their policies; I would simply part with the fee, because the is for money to them to properly file an application for a unit in good faith. After asking again why my application process was halted, I was told it's because I decided to cancel(few days ago) that this application process was halted, but I only cancelled because they gave me 24hrs to give a decision and I was afraid to lose the rest of my deposit. That duress no? I did not agree to terms that said I had 24hrs to agree to anything once the application was made and no decision of approval/disapproval was given at the time. But I think they gave me a time frame inorder to not have to do deny me and break their policies of approval.
Again, it took 4 days for them to realize this error after application was submitted. Somebody in that office knew and had the intention of never leasing it out for weeks prior. Here's the most important part of my situation. When I was first told I couldn't move into that unit 4 days later, the reason they gave me was because they were "replacing" something and it wouldn't be ready in time to be moved into on the terms of the agreement. I have this recorded on my cell, and all this information is clearly a false statement, because they had no intention of "replacing" that item and the unit is available for lease. The unit was fully installed when I was at the unit, so saying it was repairs is not true. But the statement they gave, in my opinion, was to mislead me to believe that I had to choose another unit, and attempted to get me to change my application and get another lease, which is what happened when I went to their property. Only after I became suspicious and wanted to wait for the repairs to complete did they tell me they wanted to lease it out for more. Is this an attempt to defraud me into another contract? Remember, even another agent agreed that they wanted to rent the unit out for more as to why I can't lease this unit and the information had been known for some time. And in Texas, does fraud have to be intentional, I heard it didn't have to be proven beyond reasonable doubt but just that the burden of proof is enough that a reasonable man could see the intent, and I also read somewhere that if I didn't want to prove intent, that proof of misrepresentation material fact could also be enough to prove fraud which I know I have proof of. It makes sense so that people can't just deny or claim to forget their intentions allowing this to be enforceable. Also, this is strictly a unilateral breach of contract. I followed everything precisely, in good faith since they are the sole entity that must provide me with legitimate information, did not and they acted in bad faith. Now should I go to small claims on the brench of contract, or try and go with the fraud? I'm wrong here in my interpretation of the law? This action on their part has cause me more detriment than $90 bucks. I now have to resign my current lease on a monthly bases at a higher rate, and in a place I want to move from. Thanks for bearing with me. I appreciate everything.

