What to do when a person you are going to rent from takes your money and then rents to someone else?

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What to do when a person you are going to rent from takes your money and then rents to someone else?

We talked to a lady 3 months ago about renting a place from her. She asked for $950 deposit last month and we gave it to her. A week or so later she asked if we could pay half this month’s rent because we moving in mid to late month – $338. We agreed to pay, but then about a week after that she asked if we were going to pay this month’s by the first. We said yes we would pay the other half. She said no that’s not what she meant; she needs the whole $675 for this month. I said that’s not what we agreed on. So I tried calling, texting but no answer. She said she was keeping my money and re-rent.

Asked on July 21, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have a written agreement with the landlord about what you were to rent and when payments were to be made? If so, carefully read the document in thta it sets forth your and the landlord's obligations to each other.

Did you pay the money to the landlord in cash or by check? Hopefully by check so you will have canceled documents showing payment and deposit to the landlord for a unit you have not received possession of.

If you have not moved into the property and the landlord has told you that she was renting it to someone else and is keepng your money without any explanation, it seems that she has to return what you paid.

Write her a letter for the money's return by a certain date. If not received by then, go down to the small claims advisor in the county court that you have and be ready to file a small claims action for the return of your money.

Good luck.


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