If the landlord unfairly keeps your application deposit,
you should at least send the landlord (the manager,
management company, and/or the owner) a demand letter explaining why it
is unfair and demand the return of the deposit. Hopefully
you can work something out, but if you don't then consider
taking the landlord to justice court (also called justice
of the peace, or JP court).
If the landlord keeps your application deposit in bad faith
the Texas Property Code says you are entitled to $100,
three times the amount of the application deposit, and the
applicant's attorney fees and court costs. Tex. Prop. Code
92.354.
If a landlord rejects you, they must give your application
deposit back promptly. If you reject the landlord you still
might be entitled to some or all of your deposit back.
Despite the language in an application agreement, a
landlord is not entitled to keep an application deposit
when the result is grossly unfair. Courts routinely hold
some contractual provisions to be too harsh and will ignore
them if the facts of the case are compelling.
Thus, if you think you have a good case, and the deposit is
significant, you might consider suing the landlord. We can
help you if you need a form
lawsuit for filing suit in JP court.