[Automall]

I recently had a space for lease in my building and had a paint and body shop inquire about moving in. After a few days of negotiations we came to an agreement on the monthly costs as well as the term of the lease. We both agreed on the costs and the terms as well as the move in date. I stopped advertising the space assuming we had a deal. After 3 weeks of confirming every day or so that they are moving in, they brought me a check for $500.00 as a good faith deposit so I would not rent the space to anyone else. 3 Days later one of their employees moved some tools and belongings inside the space. A week later he comes back and moves said belongings back out of the space. Then 4 days later the owner calls and says the space is all of a sudden to small. (Guess he couldn't see the size of the space for the 6 weeks I held the it for him even though he came and seen it on at least 5 different occasions : ). Basically an excuse cause he found a cheaper space at the last minute. To make a long story short, I kept the $500 because I took the property off the market and held it for them for over 6 weeks and we had a verble lease agreement that they backed out of on the 13th hour of the deal. A month has passed and today I received a letter from an attorney stating they want their money back or they will sue me because the space wasn't ready on time. I have no clue why they would say it wasn't ready when it definitely was and that's a whole new excuse that I just heard today. Bottom line does Texas law require me to refund a deposit for a lease space that is held for someone??

[joypulv]

This might all hinge on how diligently this attorney pursues this, IMO. I can't imagine why you rent out commercial space without anything in writing, from beginning to end.
Lawyer letters are often hot air just designed to get quick response and money. He or she will charge his client quite a bit more than $500 if it goes to court, and you may never hear from him again. (Small claims without a lawyer would be more appropriate.)
But you should write down all dates and what happened when. Keep facts short.
I would keep the deposit and not respond.
I wouldn't respond if you do respond without consulting a lawyer.
I'm not a lawyer and don't know Texas law. Just dealt with a lot of real estate transactions.

[excon]

Bottom line does texas law require me to refund a deposit for a lease space that is held for someone???

Hello A:

No. Instead, I'd send THE lawyer a bill for rent.

excon