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ilovehouston

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    The Greedy Landlord

    in Way Off Topic

    Posted

    I'm not sure about Texas, but in New Jersey (where i live) a landlord has 30 days to return a security deposit (via certified mail), and if the landlord decides to withhold the deposit, he must provide the tenant w/an itemized list of damages.

    Before you move out, make sure to provide him w/a forwarding address to which he can mail you back the deposit. If after 30 days, the landlord has not mailed you the deposit, I would send him a demand letter stating that under texas law, he is required to provide you w/the security deposit, or an itemization of damages. Therefore, his failure to do so puts him in violation of the security deposit laws and if the situation is not rectified, you will seek legal redress in small claims court.

    Now, what it sounds like you're doing is called an "assignment of lease"--someone else is fulfilling the terms of your lease, so there is no breach of the lease contract. Now, I'm not sure if you are entitled to your security deposit 30 days after you move out, or if you are entitled to it 30 days after the original lease term expires. Also, how much notice did you give him?

    To me it sounds like the landlord has not suffered financially as a result of your move. you were able to find someone else to fulfill the term of the lease, and i'm assuming there is no damage to the property. With that, the landlord should not be able to withhold your deposit simply because you assigned it to someone else. (unless there is an anti-assigment/sublease clause in the lease).

    As for the lack of your signature, I dont think a signature is required in order to have a valid lease--so that argument may be futile.

    Stowers Building At 820 Fannin St.

    in Historic Houston

    Posted

    That seems very plausible. I did the same thing out in Westchase where I work. I would often try to find something to do out here to get me onto the beltway to pearland at a more optimal time. Shopping, eating, working out, all that kind of stuff.

    wasnt there a grocery store in downtown called "urban foods" or something of that sort a few years back, but closed down?

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