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  1. #1
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    Jun 2012
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    Default If I Haven't Signed a Lease, Can the Landlord Keep My Deposit

    My question involves landlord-tenant law in the State of: Texas
    I was approved to move into a rental house in Lubbock, Texas. The landlord asked for a deposit to hold the house. I have since been laid off and cannot afford the house. Since I have not signed a lease, I asked for my deposit to be returned. The landlord refused. Can the landlord actually keep all my deposit (one month's rent @ $1,300) and my pet deposit ($300)?

  2. #2
    Join Date
    Jan 2006
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    21,210

    Default Re: If I Haven't Signed a Lease, Can the Landlord Keep My Deposit

    was there anything in writing? If so, did it specify this as a holding deposit, a security deposit, simply "a deposit", or ???

    were there any terms mentioned: not refundable, refundable under certain terms, ??
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jun 2012
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    3

    Default Re: If I Haven't Signed a Lease, Can the Landlord Keep My Deposit

    Quote Quoting Jedoman
    View Post
    My question involves landlord-tenant law in the State of: Texas
    I was approved to move into a rental house in Lubbock, Texas. The landlord asked for a deposit to hold the house. I have since been laid off and cannot afford the house. Since I have not signed a lease, I asked for my deposit to be returned. The landlord refused. Can the landlord actually keep all my deposit (one month's rent @ $1,300) and my pet deposit ($300)?
    I signed nothing. The receipt I have states that it is a security deposit.

    - - - Updated - - -

    I did sign the application. It was just an application, not a lease. I was supposed to come in and sign a lease yesterday. That's when they told me that I would forfeit the deposit if I didn't sign the lease.

  4. #4
    Join Date
    Jan 2006
    Posts
    21,210

    Default Re: If I Haven't Signed a Lease, Can the Landlord Keep My Deposit

    If the receipt states it is a security deposit, then it has to be returned if there was no lease signed. If it was listed as a holding deposit, it would likely change the game.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
    Join Date
    Jun 2012
    Posts
    3

    Default Re: If I Haven't Signed a Lease, Can the Landlord Keep My Deposit

    Thanks for your help!

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