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  1. #1

    Default Can You Get Your Deposit Back if the Landlord Changes the Terms of Rental

    My question involves landlord-tenant law in the State of: Texas

    I found a sublease, and I agreed to the deposit & the monthly rent. She asked for the deposit, and then the rent when i move in. The person I was going to sublet from said I also needed to pass the credit check from her landlord. She did not tell me until AFTER i had already paid her the deposit. I have some credit dings, and she tells me that now she will require first and last month rent before I can move in. That is understandable, so I told her I needed to consider it, and would let her know quickly. I also need to see if I can find another place or need to move in. Now, she has advised me that if I dont rent or she doesnt get anyone else to move in to the apartment, she will keep my deposit. We did not have anything in writing about the deposit; the lease was going to be signed when i moved in. But i have emails back and forth before her and i i about the deposit, and her now needing twice the money. My question is if i dont move into her place, is she able to keep my deposit since she is changing the terms for my moving in.

  2. #2
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    Default Re: Can You Get Your Deposit Back if the Landlord Changes the Terms of Rental

    If the landlord demands more rent or a higher deposit then, yes, you would normally be able to ask for the return of your deposit and walk away. That said, if she won't give you the money voluntarily you're probably looking at a long haul in small claims court.

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