Is It My Money? (apartment, lease agreement, tenant, renters)
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I rented a room in a house and paid all my rent up front for a year. I am 6 months in and now I am moving out because I can go move in with a friend for cheaper and I know him. The landlord is trying to keep the money I paid because he said that he wants to find a renter since I gave only a months notice. Can he keep my money? Or does he have to pay it back? Should I take him to court to try and get my money back?
It was on a month to month standing! there was no lease agreement. They had a room for rent, so I rented it and told them that I wanted to pay up front to dodge having to keep up with paying every month. I just need some strong advice on if he has to give my money back. Or if since I paid in full he just gets to keep it since I chose to move out on my own free will.
Did you get ANYTHING in writing? How about a receipt?
There are tenant laws in Texas if you don't have a lease, but you'd probably want to talk to an attorney. Usually, not having a lease happens after a fixed term lease expires, then you fall back on what was in the old lease, but you don't have even that. An attorney can let you know what to expect, even if you don't sue the guy.
Try small claims court. I have had luck with my daughter's having a problem getting a deposit back. We represented ourselves and the court ruled in our favor. It is a rather simple process, does not require attorneys. The major thing is to have witnesses in your favor and some kind of paper work--cancelled checks from your bank, for example. Leases and such are better, but we won with a cancelled check and witnesses (friends) who saw the condition of the property before my daughter moved in and testified that the damage was done before she took possession. These folks had ripped off four renters in a row for the same damage in the bathroom--which we noted when we moved in. They told us they would repair it, didn't, and tried to charge the repairs against the deposit. I guess we were the first to fight it. My daughter met the previous tenant through her next door neighbor, and they then took the same folks to small claims court and got their money back.
not specific to Texas..you may want to post this in the forum re housing or business/finances/law...or some CD forum...there you will amazingly find people with all kinds of knowledge in specific areas
Moving won't be cheaper if you have to pay for both places...
I would have a hard time defending you... you paid for a year and now you are leaving early... it is true the owner has to mitigate loss by diligently trying find a new renter...
How about you find the renter and the owner refunds all the unused rent?
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