What are our rights if the owner of our rental home wants to move back in?

The property manager sent an email stating we could move out between October 1 and December 31 the end of our lease without a early termination fee and we would receive our deposit back. We chose to move out October 1 and he verified that was fine. The owner of the home is now saying she never agreed to that and that we cannot move until November 1 at the earliest. Will they be able to hold our deposit as rent not paid for the month of October? Our lease states they are able to keep the deposit but wouldn’t the emails from the property manager verifying that it was OK to move out October 1 be sufficient?

Asked on September 16, 2015 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The property manager is the owner's agent if the property manager acts within the apparent or reasonable scope of his or her authority, which allowing a tenant to move out early would be i.e. property managers have authority over tenants and who moves in and out, then if the property manager approved it, the owner cannot legally disavow it. If the property owner attempts to hold your deposit for not paying the month of October, you should be able to sue the owner and get it back, based on proof of the property manager approving early move out.

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