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.

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1 Lawyer Answer

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.

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