Any Knowledgeable People on Texas Tenant Laws?

Question

So, my sister is in kind of an odd situation and I'm not sure what she can do. Just a heads up, she didn't sign any lease agreement or documentation for anything (which she was already lectured), so I'm here strictly for advice on how to get a deposit back and I appreciate anyone for taking the time to read and reply to this.

Summary

-Sister was looking for a place to rent.
-Brother-in-law works with a landlord who had a vacant house for rent
-Verbal Agreement to move in on April 1st 2020 (No lease was signed)
-$1,200 Security deposit was given to Landlord (Without lease agreement or any documentation), paid through a money gram. Terms weren't really discussed besides monthly rent and move-in date.
-One week before move-in date, landlord is notified that my sister will not be moving in, so a verbal request for the security deposit is given.
-Landlord says "Brother-in-law" owes him money, so he isn't returning the security deposit.

^I have no idea how someone can conclude this makes sense... but then again, neither does giving someone $1,200 with no documentation...

I'd appreciate any advice on how to help my sister get her money back.

Randy S. · Answer

@Greg H. Thanks Greg. I appreciate  the advice!

Greg H. · Answer

@Stone Saathoff Thank it not accurate at all.  A verbal lease is valid in Texas

@Randy S.  I would send a demand letter to the landlord demanding that the deposit be refunded giving the LL 10 days to refund the money.  I would then file in small claims(JP Court).  While it is very difficult to collect on a judgement in Texas, your sister has a good chance to collect someday as the property is most likely non-exempt

Stone Saathoff · Answer

Truth be told, tenant laws wouldn't really apply if no lease was signed and nobody ever moved in. You may be out of luck for getting money back on this one.