If Ihave already put a deposit on an apartment, can they lease it to someone else?

UPDATED: Nov 3, 2011

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If Ihave already put a deposit on an apartment, can they lease it to someone else?

Some new apartments are opening. I applied 3 months ago and put my deposit down. Every month they pushed the move-in date back; last month they told me that my apartment would be ready on the first of this month. When I finally talked to them on the 1st, they told me I could move in on the 8th. I have already been charged the full month for my storage; they do not prorate after the 6th. I was told that if I do not move in on the 8th they would give my apartment to someone else.

Asked on November 3, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have only placed a deposit upon the rental that you want but have not signed a written lease for it, the landlord is under no legal obligation to lease you the unit if someone comes along who is willing to pay more for it.

However, if the landlord leases thhe unit to another person, he or she is legally obligated to return to you your deposit as soon as possible. If you are concerned about the legal status that you are in about the rental, you might wish to consult with a landlord tenant attorney. Good luck.

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