Can a realtor keep a security deposit if you back out of a lease before moving in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a realtor keep a security deposit if you back out of a lease before moving in?
A lady in our church applied for an apartment and we put up 1/2 of the security deposit at the time of the application as per the realtors request. She got the apartment and signed a lease, to move on the 3rd of next month. She then found that she does not have the money for all the utilities, deposits, etc. as they pay absolutely nothing. She had to back out of the deal. Now the realtor is trying to keep her $175 (half of the) security. Can they do this?
Asked on May 12, 2012 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Here is what I believe is the law in Texas: "If a tenant has entered into a lease with a landlord and paid a security deposit or prepaid rent, and does not move into the unit, the tenant is entitled to a full refund if the tenant finds a replacement tenant satisfactory to the landlord who moves in by the date the lease was to begin. On the other hand, if the landlord secures the replacement tenant, the landlord may deduct from the security deposit or rent prepayment any amount agreed to in the lease as a lease cancellation fee OR actual expenses incurred by the landlord, including a reasonable amount for the landlord's time in finding a replacement tenant." I would contact a tenant's rights group. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.