Can the owner take back the house I’m renting?

I have signed the contract and paid the deposit and first month’s rent, to rent a house. I’m renting though an agency but the owner of the house is now saying he does not want to rent the house. Does he have the right to take the house back?

Asked on June 7, 2012 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have already done your part, paid for the house, then you are entitled to specific performance of your contract.  However, many contracts, even rental contracts, have cancellation clauses.  The landlords "right" to cancel the lease agreement will depend on the wording of your rental contract.   You need to review your contract because that's the only document that will control if, when, and how the contract can be ended.  If it provides that he can cancel and a method for cancelation, then, yes, he can take back the house.  If the contract limits his ability to take back the house, then again, the contract will control.

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