I paid a deposit of $300 to hold an apartment, but dont want it can I get the money back?

In Houston , TX, I paid a deposit of $300 to hold an apartment that I saw online, but it when I went to see the apt it was dirty and it smelled really bad. I decided not to rent it, but the landlord wont give me the money back. I never signed a lease or agreement.I stopped payment on the check. Will I have a problem with this? Can he legally take my money?