Legal Question in Real Estate Law in Texas
Tenant rights regarding rent deposit
An $850 deposit was given 1 month prior to move in. Owner/Landlord had lived in property for 8 yrs with 2 Lab dogs. When new tenant was ready to move in and inspected the property, she found it totally unacceptable and felt she could not move in. Owner/Landlord was not sympathetic since she had lived there so long. She did agree to paint if tenant would go ahead & pay 2 weeks rent. Tenant refused to pay any more until the property was brought up to her standards. Landlord said she would return the deposit, then Landlord became irrational, acusing tenant of stealing her mail even though tenant never had a mailbox key. Bottom line, tenant does not intend to move in, and just wants her deposit back. There were not papers signed, all verbal. What rights or recourse does tenant have?
1 Answer from Attorneys
Re: Tenant rights regarding rent deposit
She is entitled to the return of her deposit. The agreement was never consumated. The lease was never signed.
She is not required to lease a property which does not meet minimum health standards; she is not required to take an apartment which has evidence of animals having lived in it before. She may not be blackmailed into paying rent as a condition of the landlord providing a rental which meets the standards previously agreed upon. If they were not agreed upon, then the renter entered the agreement under a mistake of fact - the cleanliness of the apartment.
It may take a suit in small claims court to get the matter right.
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