Legal Question in Landlord & Tenant Law in Texas

Roommate Dispute

I signed a pre-lease with someone for an apartment and we each put a deposit down. We have not moved in and still have 4 months until we move in but I have decided I will not be living with that person in the apartment due to moving out of the city. I told the other person on the pre-lease that they can find a new roommate if they wish or move down to a 1 bedroom and live on their own at the same apartment complex. That person decided that they no longer wish to live at that apartment complex since we are not rooming together anymore and wants me to refund her the deposit she made. Do I owe her the deposit money that she put down for that apartment?


Asked on 3/24/06, 9:32 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Roommate Dispute

At this point, I would advise you to be more concerned about what the contract is that you signed with your future landlord. Am not sure what a pre-lease is, but if by making a deposit, the landlord has agreed not to lease the property to anyone else, then there are going to be consequences for breaking that contract. Read that contract. If you are both breaking the contract, you are probably going to be jointly and severally liable to the landlord. If the roommate can prove no fault on her part, and you had an enforceable verbal or written agreement with her, you may have some liability.

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Answered on 3/24/06, 10:48 am


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