Legal Question in Landlord & Tenant Law in Texas

Leasing Move-in Question?

I recently leased a home in which the move-in date of the 11th of Aug was specified on the lease. The owner of the house did not clear out their property nor clean the residence by this date. Since it is �implied� that the residence will be empty and clean, what recourse do I have in not accepting the property for rental? My household goods are slated for delivery on the 14th and I may have to place them in storage until the situation is resolved. Do I have a basis to obtain my deposit and first months rent back and not lease the property due to this situation? Also, is the owner in violation of Ch. 92 of the Texas Property Code or in violation of the Texas Deceptive Trade Practices Consumer Protection Act (DTPA)?


Asked on 8/11/03, 5:46 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Leasing Move-in Question?

The first thing you should do is read your lease to see what remedies it gives you. Obviously, if the premises is not available to you you have no obligation for the time you are deprived of it. whether a deceptive trade practice occurred depends on the specific facts. Call if you wish to discuss. Larry Maun 713.266.2560

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Answered on 8/11/03, 7:04 pm


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