I don't know if what has happened is legal or what not, but I am confused and when I go talk to them later this week I want to be able to sound informed and not... well as clueless as I am.

I had applied and been approved for an apartment. We had agreed that I would be able to see the unit BEFORE I signed the lease. The date they gave me to view the unit and sign was the 10th of April and move in was going to be the 18th of April. When I went on the 10th I was told the unit hadn't even been prepared, and they apologized saying they were backed up. I told them I was a bit upset but that I needed to see what it was going to look like BEFORE I signed. I wasn't going to agree to a lease on blind trust.

So they told me they could show me a unit exactly like mine, but that mine wouldn't be ready until sometime next week. I told them I'd like to see that unit but I couldn't really say I was going to sign after seeing a different unit -- that it is up to my husband. My husband called and said he'd like to see the other unit but that he is upset that our unit wasn't ready for showing and demanded that they show us that unit as well... because he wants to know that we are getting what the other looks like. They said okay but that our unit wouldn't be ready until the 18th at least.

Now my husband said, that's our move in date, I can't sign my lease and move in the same day, I need time to prepare and schedule movers, electricity, etc.. He said that he would call when the property manager was in. We are, still going in today to see the other unit and talk to them about what is going on.

However, they have already deposited the deposit check -- which is refundable should we not sign the lease, at least that's what they told me. But, here we are, no lease signed and it's been deposited. Now I know that they can just write me a check back for the amount should we decide not to rent. And I know that we are 95% going to rent this place, we just want to know what we're getting.

But did they have the right to cash that check before we signed the lease? Or did they do a no-no?

You didn't mention what state you are in; landlord tenant relationships are determined by each state.

Hello La:

They don't have the right to keep your money. But, as you yourself noted, cashing your check doesn't have anything to do with keeping your money.

I'd worry MUCH more about their ability to MANAGE the apartment correctly, because of the OTHER things you said they're doing.

excon

I totally forgot. I am in Texas.