Legal Question in Real Estate Law in Texas

I signed a contract agreement for an apartment and the agreement was to have the security deposit to be paid on a specific date. The day came and I had the deposit but the landlord never contacted me nor was at the apartment. I tried contacting them to see if their was any issues but no one contacted me back. Four days later the landlord called me asking for the deposit. By this time I found something better but haven't filled out another application so I explained the them I did not want the apartment due to the fact I figured by not hearing from them that they lease the apt to someone else. Is there a potential legal issue that can lead me to court with them by doing this? No money was exchanged nor keys and we agreed to have the deposit on a specific date not four days later.


Asked on 10/27/09, 7:45 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

If landlord is suing you, you could argue that he/she breached the contract by not being available, however, unless "time is of the essence" is in the contract, dates have a little flexibility and the court will decide whether a 4-day delay is reasonable or not. If you are wanting to sue landlord, it wouldn't be worth the trouble because of the above reason and, other than suffering a little inconvenience, I don't see that you were damaged.

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Answered on 11/02/09, 7:42 am


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