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Husband, father, inline skater, cycling and triathlon athlete and sometimes coach, graduate civil engineer, commercial and residential and commercial Broker Realtor® working in Ellum, Expo Park, Munger, Peak Suburban, PD 98, PD 269, Swiss Avenue, Baylor PD, all of in-town east Dallas, former home building land acquisitions executive, home builder, home designer (chief architect X3 design solutions), LEED Green Associate (GA), NAHB Green Professional (CGP), NAHB Graduate Builder (CGB), Universal Design and Accessability student and Certified Aging in Place Specialist (CAPS), Advanced Historic Home Specialist certified by Preservation Dallas..........EdgyDad is Biff Bailey of Dallas, Texas

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Rent Application Response, Deposits, Fees

When must LL reply 2 rent app? Deposit vs app fee.. Sharing reminder from TAR #in#p

Last Update: 2011-09-17 08:14:49

Legal Q&A: When must a landlord respond to a rental application? I'm a listing agent for a property owner who is renting his home. I received a rental application and presented it to the owner. He wants to wait a week or two before deciding on this applicant to see if a better match to the tenant-selection criteria comes along. How long does the owner have to make a decision? What if the applicant wasn't made aware of the property owner's tenant-selection criteria when he received the application? The property owner has seven days to make a decision on that rental application, otherwise the applicant is deemed rejected. Section 92.352 of the Texas Property Code says that the seven-day clock begins on the date the applicant submits a completed rental application on an application form furnished by the property owner, or the date the property owner accepts an application deposit if the property owner did not furnish an application form. Any application deposit should be refunded to the applicant if the applicant was rejected. Remember, an application deposit is a sum of money that is given to the property owner in connection with the rental application that is refundable if the applicant is rejected, whereas an application fee is a nonrefundable sum of money given to the property owner to offset the costs of screening an applicant. Also, at the time the applicant was provided with a rental application, the property owner was required to give him printed notice of the owner's tenant-selection criteria. If the applicant was rejected and the property owner failed to make the criteria available, the application fee and any application deposit must be returned. Any wrongful withholding will subject the property owner to liability ($100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees). The Texas Association of REALTORS® has developed a model tenant-selection criteria form for members' use.

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