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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Is It Possible to Get the Security Deposit Back if You're Not Taking the Apartment

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

    On June 13th, I signed a contract for an apartment under the terms that I would get my security deposit back (equal to first month's rent). The agreement was verbal. The landlords had planned to renovate the unit, and the inspection date was set to July 24th. About 10 days later, I decided to let the landlords know that I plan on backing out so that they would have time to find a new tenant. They agreed and posted the apartment back up for leasing.

    During the week of inspection, I called and emailed the landlord several times, but she did not respond. I stopped by several times hoping that I would run into them. The husband responded and said they planned on keeping my deposit since I did not take the apartment. I tried reasoning but to no avail. If I had waited until the 24th to tell them maybe I would have gotten it back? He told me that it depends on what they decide afterwards.

    He said he'll have to discuss it over with his wife, which he mentioned to do so the first time I've spoken to him. They are going to deduct the expenses for the realtor and return what's left. (Hopefully that's true.)

    It was stupid of me to sign the contract in the first place, but is there anything I can do to get my deposit back? Or should I try or just accept the terms they've given?


    Thanks.

  2. #2
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Is It Possible to Get the Security Deposit Back if You're Not Taking the Apartmen

    Texas law clearly states that once you sign the lease, you are responsible for the full term of said lease or until a new tenant is found.

    I suggest you get any agreement with them in writing....since they legally can charge you much more than just your deposit.

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: Is It Possible to Get the Security Deposit Back if You're Not Taking the Apartmen

    Thanks. I finally got through to the owners today, and one of them said they will send me a check back for 500 dollars (40%). The rest they used to pay the real estate agent who is charging 70% off one month's rent. The new tenants are moving in just a day after my original move-in date.

    I will never make the same mistake again.

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