Can I sue my roommates for a deposit when I was not on the lease?

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Can I sue my roommates for a deposit when I was not on the lease?

I moved in with “friends” of mine who were married. We agreed to move together and get a place together. Splitting all rent/utilities in 1/3. The wife flew there to look for a place and apply and sign a lease. We agreed to splitting everything and when we got there I would go and be added onto the lease so that I could legally be a resident of the state. After I gave an ample deposit and first month’s rent to them, we arrived and moved in. However, now they refused to let me on the lease and I am being forced to move out of my own house. They kept the deposit.

Asked on August 24, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the people that you were to move in with have refused to allow you to move in and have paid money to these people you are entitled to such back. I would write them a letter (keep a copy for future use and need) demanding payment by a certain date. If the due date comes and goes and you do not get what you desire, your option is to sue in small claims court for the return of your money.


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