I live in the state of Texas. We were going to move into a duplex. We gave the landlord a deposit, and he gave us a lease which he signed. He told me to take the lease home, fill in the dates I wanted (6-12 months) and sign it and bring it when we moved in.

He cashed the deposit the day before we moved in.

We arrived on move-in day and started to unload our belongings and bring them into the home. (Landlord was not present). The home was not cleaned as he had promised. The bathroom was especially filthy.

In addition, the water heater broke while we were moving our things in. The landlord was no where to be found, and he could not be contacted on his cell phone.

We found a tag on the waterheater that read "This appliance should not be used until properly ventilated."

Under the circumstances, we determined these conditions were a threat to our health and safety. We waited for the landlord to return, and told him we would not move in and needed our deposit back.

He has been giving us the run around about returning our deposit.

Aren't we entitled to our deposit? We never signed a lease.

OK, you did not have a written lease, so that puts you on a month to month verbal rental with a deposit paid. *** although he could argue in court that since you paid the deposit, and started to move in, you acted on the lease, and your action of moving in, affirmed the lease agreement. ** does not work in all courts but I have seen the opinion hold in some places.

Do if he does not give it back, you sue him in small claims court for the money back.

Hello Sophie:

I agree with the Padre in that you had a month to month agreement. Given that you did, I don't think the landlord has any obligation to give you back your deposit, and if your deposit did not cover your first months rent, I think he can sue you for the difference.

In order to avoid further liability, I would send him a 30 day written notice that you're vacating. If you don't, you could be liable for a second month and even a third months rent.

excon