Legal Question in Landlord & Tenant Law in Texas

Security Deposit and Rent after Fire
My building burned down(demolished as a result) from a fire started by another resident. They put us into another unit, but we never signed the lease. The unit was too small and they told us management had to ''approve'' the move in deal we had on the previous unit. We never heard from them, never signed and moved out after about two weeks. They haven't returned our security deposit, and we had payed rent for the burned apt on the day it burned. We feel we're owed the deposit and the portion of rent we didn't use, also the unit we payed rent for (the burned one) was more expensive than the new one so we felt the difference in price was also due. This apt is rather ''ghetto'' and I'm sure trying to get over on residents is the norm, so I'm not expecting them to reply to my letter demanding the deposit(they haven't returned a call since our application was approved at move-in). Does the fire (providing they don't have comparable units) void my lease? Am I owed the deposit and unued rent? Should I take them to small claims court? It has been about 35 days since we tuned in the keys.

Asked on 6/25/08, 7:54 pm

TC Langford Langford Law Office

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Re: Security Deposit and Rent after Fire

Yes you should take them to small claims court. You may be entitled to some attorney fees as well.

Answered on 6/26/08, 8:13 am

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