Texas Paid Secutty Deposit, didn't sign lease landlord wont return deposit?

On May 30 my husband and myself decided to move into an apt. We filled out the Application and paid that fee and were told that we just needed to pay the Deposits. pay the rent and sign the lease. We paid 400(300 deposit+100 pet) and decided to wait on moving . We weren't supposed to move in until next Tuesday. After telling the owner of the complex this he just hung up .after multiple calls he told us that he was not going to return our deposit. We never actually signed a lease to the apartment. In fact the only thing that we actually signed was just an Application that has nothing to do with the deposit. (on the app there is nothing that states we must forfeit the dep) We contacted our attorney upon all of this, and wanted a copy of the only thing that we signed which was the application. He told us that he would not give us a copy until we told him we had an attorney. Then just told us he wanted a letter from them. What should we do from here and what rights do we have?