Landlord Question and Answer Forum

Lease and Deposit Question

Tenant has told me she wants to move out from my 2-duplex. She is tired of being able to hear the neighbor's foot steps and occasional loudness. Now, her lease was for 2 years and she's only completed 13 months. Do I have to return the deposits by state law (including pet deposit) even if she hasn't completed the lease of 2 years? (in my opinion she's simply just a complainer) I've had to ask 2 other new tenants to move out because she's had issues with them. I'm ready for her to move out anyway. She said under the circumstances I would consider??? By the way, I am in Texas. Any feedback is much appreciated. ~Leslie

Whether it’s mentioned in the lease or not and unless the landlord agrees otherwise in writing, the tenant will be liable for any damages incurred by the landlord because of the tenant’s breach and for all the monthly payments during the term of the lease as long as the property is not re-rented.

Posted by Denise S, PA on Friday, October 23, 2009

Thank you Denise, you have a point. I'm your typical too nice landlord! I need to follow the advice under nice landlords.

Posted by Leslie R, TX on Friday, October 23, 2009

My thoughts. Why type of condition does she keep the place? You might agree to attempt to find another tenant while she is still responsible for the contract she signed. If it would show well, might you set up showings that she would agree to walk people through? If she wants out she might do that and do a good job of showing it. No skin off your nose and she will be happy, maybe, given your trying to give her what she wants. Nicely state she is held to contract until X but you would be willing to set up showings on days convenient for her to be their and walk people through?

Posted by Michelle & Doug K, CO on Friday, October 23, 2009