I signed a lease but changed my mind

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07/28/2015 | Author: TAR Legal Staff

I signed a lease to rent a home but haven't moved in yet, and I found another property I like better. Can I get my security deposit for the first property back? Do I have to pay any rent?

Since you signed the lease, you’re bound to all provisions of that lease.

However, if you can find a replacement tenant who is satisfactory to the landlord, and that tenant takes occupancy either on or before the date your lease was scheduled to begin, you are entitled to a refund of your security deposit. You also would get any prepaid rent back. (Application fees would not be refunded.)

You also get back your security deposit and prepaid rent if the landlord finds a replacement tenant. In that scenario, the landlord may deduct any expenses—such as advertising—necessary to secure the replacement tenant. If neither the landlord nor you are able to find a satisfactory replacement tenant to occupy on or before the commencement date of the lease, the landlord may decide to hold you in breach.

Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions will be answered. 

Categories: Landlords, Renters
Tags: legal, legal faq, renters, property management, leasing, security deposit


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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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