Mesquite, TX asked in Real Estate Law for Texas

Q: Signed a lease, paid deposit and fees. Unit was to be ready on 1/15. Now they say the current people are not moving,

They don't have another unit in my price range and they are telling me I am out of luck and to call a lawyer. I now have 13 days to move and nowhere to go. Should they offer me a unit at the same rate as the lease I signed if available? They took my money and I have a signed lease.

Related Topics:
1 Lawyer Answer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Sorry to hear your problem.

For starters, you can not force the LL to give you a unit. However, the LL has breached the agreement you had. Do you have a written lease? If so, look for a section about performance or non-performance or breach. The recourse that is/are available to you might be limited. Meaning you might only be entitled to a refund.

You are due a full refund. However, I would need to see the lease to advise you better. I believe you can attach it to your legal question. Do so if you can and I will follow-up.

There is a possible lawsuit for you because of the LL breach and that the breach has harmed you b/c you relied on the apartment being available. However, you must try to get an apartment in the mean time. If the LL gives you a hard time about a full refund, then hire a lawyer who knows what s/he is doing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.