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  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Default I Paid The Deposit And Now The Apartment Is Not Available Anymore

    Hello,

    I will really appreciate some advise on the following issue.

    I currently live in an apartment complex in Irving-TX. My current lease agreement ends by the end of May. I received a notice from the apartment management about a rate increase for the renewal, which was unacceptable. I tried to negotiate without much success, so I decided to move out to somewhere else.

    I went for appartment search and finally found a place that I like (also in Irving-TX). The particular apartment I was offered is currently occupied, but the existing tenants had turned in their 60 day notice to vacate to the apartments management, so the apartment will be available by the time frame I need it. So I went ahead and turned in my application along with application fee and deposit for that particular apartment. 2 days later they called me to let me know that the application was approved. Thinking that now I had a place to move to, I turned in my 60 day notice to vacate my current apartment. So far so good.

    A week later, I receive another phone call from the management of the new apartment telling me that the existing tenants on the apartment I applied for have changed their minds and would like to renew their lease. That's what they are telling me. It may well be that they just found somebody else willing to pay a higher rate. The apartment management offered me an alternate apartment that I don't like. I told them that I don't want the alternate they are offering and that I would like to stick to the one we agreed originally (for which I paid application and deposit). If the current tenants want, they can move to the alternate apartment.

    I just think it is not fair. Once the existing tenants turn in their 60 day notice to vacate, that starts a chain of events, including turning in my own 60 day notice to vacate my current apartment. If the existing tenants change their minds, I shouldn't be suffering the consecuences.

    Since no lease agreement has been signed yet, I wonder what my options are if they (the apartment management) decide they want to keep the existing tenant.

    Any advice appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: I Paid The Deposit And Now The Apartment Is Not Available Anymore

    Quote Quoting Alfredo
    View Post
    Since no lease agreement has been signed yet, I wonder what my options are if they (the apartment management) decide they want to keep the existing tenant.
    There's no written contract guaranteeing you that particular apartment, so your options are pretty straightforward:

    -- move into the alternate apartment
    -- get a refund on your security deposit and find another place

  3. #3
    Join Date
    Apr 2008
    Posts
    2

    Default Re: I Paid The Deposit And Now The Apartment Is Not Available Anymore

    Thanks for your opinion, LawResearcherMissy. Yes, I guess that's pretty much it. I hope the management has enough profesionalism to enforce the rules.

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