Landlord Question and Answer Forum

I recently rented my house on Aug.14,2011. Now the tenants need to move out because of job related move out of town. They signed a contract for a year. My question is ,Do I return the deposit back and the rent? Its been a week seens they signed contract. They told me that they have taken a few boxes to the house but not moved completely.

According to Texas LLT regs, a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant.

Posted by Donna , NC on Tuesday, September 6, 2011