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  1. #1
    Join Date
    Aug 2010
    Location
    Austin, Texas, USA
    Posts
    2

    Default Subtenants Refused Security Deposit Return Until End of Tenant's Lease

    My question involves a security deposit in the State of: Texas

    My roommate and I subleased an apartment this summer. We signed a lease for May 15 - August 15 and both paid $250 each for the security deposit. We paid our rent and utilities on time and moved out on time and left without any damages.

    We went to inquire about our deposits and when we would get them back. The apartment manager informed us that because the original leaser still occupied the apartment, we could not get our security deposits back until ALL leases expired. Additionally, we never had any Move-In OR Move-Out inspections. The manager also informed us that if the original leaser renews his lease, we would have to wait until the new lease ends before we can get our deposits back. (The lease would be extended for another 12 months)

    If the lease expires at the end of August, are we entitled to our deposits regardless of if the original leaser resigns his lease?

    Can the manager retain any or all of our deposits if there were no Move-In/Out inspections?

    And would there be necessity in taking legal action against the property?

    Any help will be welcomed and appreciated. Thank y'all.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Subtenants Refused Security Deposit Return Until End of Tenant's Lease

    Your subtenancy was through the landlord, and not through the tenant? You have a written lease with a clear start and end date, that specifies your security deposit?

  3. #3
    Join Date
    Aug 2010
    Location
    Austin, Texas, USA
    Posts
    2

    Default Re: Subtenants Refused Security Deposit Return Until End of Tenant's Lease

    Yes we signed a lease for the time period with the landlord and not the tenant. Yes we did, and paid a subleasing fee and a deposit.

    We also spoke with the tenant and he told us that his lease ended August 13th but his new lease ends August 13th, 2011. So his first lease ended and his second lease began while we were still under the terms of our own lease.

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