I signed a lease but changed my mind
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.
In an instance where the applicant is approved, they shouldn’t be allowed to sign a lease document and addenda, until all admin fees have been paid or waived as well as any deposits required. This way if the prospective tenant changes their mind or finds a better deal somewhere else, they can leave without having to deal with unnecessary fees and penalties, there should be smart rules and regulations to help everyone involved, both business and consumer
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