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I am in Dallas Texas. I made a agreement with an apartment…

Good morning my name...

Good morning my name is***** am in Dallas Texas. I made a agreement with an apartment owner to rent a 2 bedroom apt. on 2nd floor. Was supposed to clean and fresh paint etc. I paid a 1200. deposit 820. per month, 2 months advacef and app. fee, totaling 2120.. upon arriving at property I was given keys to a third floor unit, that nothing works it is disgusting, doors and windows don't lock. . . .manager demanded an additional 1640. I spent one night in apt, 3/6//18. I immediately called the owner ask,ing for refund of funds I have left numerous mesdsages without results. I have staying in motls since theres so much more to tell. my number is(###) ###-####

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas owner is in california

Lawyer's Assistant: Has any paperwork been filed?

???? legally

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was released from prison on Tuesday, I feel like I am getting screwed because I am on parole.

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Answered in 3 minutes by:
3/12/2018
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,040
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good morning. You absolutely do have a right to terminate and receive all your money back (plus the expenses you have incurred due to the landlord's default). 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 question. 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 Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,040
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Richard and 87 other Real Estate Law Specialists are ready to help you
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It was a total pleasure speaking with you and I will absolutely keep you in my prayers! Here is the link to guide you through the Texas small claims court process:

https://www.depts.ttu.edu/sls/forms/How-to-Sue-in-Small-Claims-Court.pdf

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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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