Rental Basics in Houston>Question Details

Edmakettler, Renter in Houston, TX

when deposit and lease has been signed and tenant back down from renting will the owner give back deposit?

Asked by Edmakettler, Houston, TX Fri Nov 25, 2011

Rental deposit on a rental house

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Yes if the Lease Agreement has been signed by both parties and dated. And the home has been put in pending sale . Yes the owner will keep the deposit if the tenant does not fulfill the lease or back down from the leasing terms, the owner will keep the deposit.
0 votes Thank Flag Link Sat Dec 3, 2011
Look back to your contract to see what the provisions are.

I would think in most cases they would not give back the deposit.
That is why it is a deposit.

It doesn't hurt to ask though.

Good luck.
0 votes Thank Flag Link Fri Nov 25, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
He should subtract the amount of days that he held it off the market on your behalf and refund the remainder.
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0 votes Thank Flag Link Fri Nov 25, 2011
I'm not an attorney, and suggest that you seek legal advice ... but I have had similar situations occur. A lease is a contract, and you apparently signed it voluntarily. Since the landlord cannot have two leases in place at the same time, he would have to agree to terminate yours before renting the property to another tenant. That may cost you some money. Otherwise, you could be held liable. The landlord acted in good faith, and should be compensated to some degree. I don't think that you'll be able to get out of it without some sort of penalty. But again, please seek the advice of an attorney.
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0 votes Thank Flag Link Fri Nov 25, 2011
It depends on what the lease stipulates. In most cases your situation would be considered a broken lease even though you never moved in and the landlord would not be required to give the tenant back their deposit. The reason for giving a deposit is not only to help cover damage to the property during your tenancy. It also serves as security for the landlord. In return for the deposit the landlord takes the property off the market and holds it for you until the lease commences. During this period they are not earning rent and not advertising the property for lease. By backing out of the contract you have caused the landlord to loose days on the active market and potential loss of income if they don't find another viable tenant between when you backed out and when your lease was supposed to start.
0 votes Thank Flag Link Fri Nov 25, 2011
If the lease agreement has been executed they can not only keep the deposit but pursue for damages of non-performance.

Don Groff
REALTOR® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
o.512.669.5599 m.512.633.4157
0 votes Thank Flag Link Fri Nov 25, 2011
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