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Can I get my lease application fee back? TAR

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Source: Can I get my lease application fee back? | Advice for Consumers | Texas Association of REALTORS

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.

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