Is a management company responsible for refunding security deposit/prorated rent if a tenant never signs a lease and never takes possession?
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Is a management company responsible for refunding security deposit/prorated rent if a tenant never signs a lease and never takes possession?
I paid for my daughter’s potential college roommate’s security deposit/prorated rent ($200 prorated, $325 rent, $40 appl fee). The girl lived and worked out of town and attended summer school and could not get there during the week to sign the lease which she received the 12th and it was due15th. The management company is closed on weekends. She agreed (by e-mail) to repay me when she moved in. She did not move in or sign lease. I have contacted the management company 3 times for reimbursement or to apply the $565 to my daughter’s account. No response. What are my options?
Asked on October 6, 2011 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your daughter's roommate never signed the written lease for the security deposit that you advanced her and you have notified the property management company for the landlord of the need for the security deposit's return, then there is no basis for why you have not received the security deposit promptly.
I recommend that you call the property manager seeking again the return of the security deposit that you advanced and follow up with that telephone call with a written confirmation letter demanding its return by a set date. Keep a copy of this letter from your records.
If not returned by the set date, your recourse would be to file a small claims action for the return of your security deposit.
Good luck.
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