Legal Question in Real Estate Law in Texas

I had a verbal agreement with a tenant in which they would rent my apartment and she put down a deposit of $800 then came back and said she doesn't like the way that the lease agreement is written and she did not sign the written agreement. I informed her that I would change the section on the lease agreement that she does not like to read the way she wants it to and she stated that she does not want to sign the papers anymore and stated that I am inexperienced and that worries her. Am I required to return her deposit or does she lose that since she put that deposit down for me to hold the apartment for her? There was no credit check required, I was just waiting on her to sign the written lease.


Asked on 10/15/12, 9:29 am

1 Answer from Attorneys
EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP

I would not advise you to take the position you are arguing. You really are skating on thin ice to try to keep $800 for holding an apartment. If fact, under Texas case law, you are required to mitigate any damages you sustained by re-leasing the apartment anyway and that cuts off your ability to prove that you were in fact "damaged". Texas Property Code is going to govern your legal rights both as to the Lease you intended and the hold deposit. You could easily be sued for keeping that deposit and she could get much more funds and attorneys fees than you are holding from you in Court. Read the Texas Property Code Chapter 92 before you lease any residential space! You can find it in a google search online!

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Answered on 10/16/12, 9:55 am


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