Can I get my lease application fee back?
12/01/2015 | Author: Legal Staff
I submitted an application to lease a property and had to pay a $50 application fee. The property manager contacted me today to tell me that my application was rejected by the landlord. Do I get my application fee back?
No. An application fee is defined under the Texas Property Code as a nonrefundable sum of money given to the landlord to offset the cost of screening an applicant. Just because you are rejected as a tenant does not mean you are entitled to a refund of an application fee. However, there is a limited exception. Under Texas law, landlords must make available to the applicant their tenant-selection criteria, such as income requirements, at the same time the applicant is provided a rental application. If the landlord rejects you and fails to make the tenant-selection criteria available, your application fee must be returned to you.
Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions will be answered.
The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.
While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.