Can I get application fee and hold deposit back? We live in Texas, and on Aug 21st we viewed the unit and signed the lease, with a move in date of Aug 31. Today, Aug 30, we go to pay the balance of the security deposit and find out when we can get keys, and the manager tells us it won't be ready until 5pm on the 31st. We have to be out of our current place on the 31st, and have movers scheduled for noon. If we find another apartment willing to rent to us for an immediate move-in, should we be able to get our money back? ($100 hold, $50 app fee.) The apartment is NOT rentable at this moment , the door jamb to the outside door is missing, and does not even latch.

Additional info: We did NOT give them the additional $299 security deposit yet, since they have not given us keys yet.

You were promised the unit on the on the 31st and that's what you are getting. Did you explain to the manager your situation. If the movers are scheduled for noon, it is unlikely they will have your current place packed until about 2PM. Can you start to move in while they finish the door?

This is an iffy situation. As I noted, you signed a lease stating you can move in on the 31st and you will be able to do that. So I'm not sure you can get your deposit back, nor am I sure you can find someplace else.

Another alternative is to work out a deal with the management to reimburse you for any costs incurred because you can't start moving in until after 5. I think, if you take the management to court on that you may win.