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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55595
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Can I get my rent and security deposit back if the same day

Customer Question

Can I get my rent and security deposit back if the same day I move into an apartment I discover multiple hazardous and broken items along with rusted shower head holes in walls strong smell of mold and a broken refrigerator door? We were shown the apartment on September 26th while it was under construction and was told it would be fully refurbished and said yes and gave rent and security deposit. Also they didn't let us move in until October 10th because it wasn't ready as yet. We didn't finish moving in because we are completely unsatisfied.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

You absolutely do have a right to terminate and receive all your money back. You have grounds to rescind or break the lease based on one or more of the following: i) the property was not acceptable; for example, if the property was misrepresented as being something it is not or having something it does not have, you may declare a rescission of the contract; and/or ii) if the property had significant defects or other problems, you may also declare a rescission. Your situation essentially satisfies both these elements. A valid rescission will terminate your obligations under the contract. You will need to set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. If your money is not refunded voluntarily, file suit against the landlord. Let the landlord know that if you are forced to file this suit, you will be asking not only for the refund of your money, but also punitive damages for withholding what is due you in bad faith. And, that if he files any negative report against you, you will be adding a cause of action for defamation.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.
No problem and thanks for responding. If I surrender the keys, we have no place to move rapidly as we submitted keys for the previous apartment. Is there any way we can stay until we receive funds then leave that day? Or should I just get an attorney asap. I submitted a text stating our in unsatisfactions and requested reimbursement immediately, but she hasn't replied to my msg or call.
Expert:  Richard replied 1 year ago.

Yes, you can designate a move out date. You have all the leverage here. You don't really need an attorney unless she fails to return your money. Even then, if it's under $5,000, you can file this in a small claims court without an attorney.