Landlord Question and Answer Forum

Do I give deposit back? Tenant signed 12 mo Lease in Feb and in Apr he calls several times to insist to amend his Lease to 6 mos. I thought being that he is a young father, I agreed to a 6 mos Lease Amendment in May. I have never entered the premises although I am allowed to. So he calls about 2 weeks later before Memorial Day and wants to move out and wants to talk about his deposit. This is the wkend my son saw him move out his bed and some furniture. I was shocked! He told my son he was moving out but he says he wants to stay til Aug but he and buddy moves some of his belongings/bed out in at the end of May. He called and wanted to know how to get the rent money to me? I told him to give it to my son for the June Rent. I did get a check and deposited it. However utilities are due and I feel he will pay the utilities but this time he is late paying them and sd he will pay Friday June 26th. July 5 will be his last 6 mo Rent payment then utility payment, then walk thru then do I give a Deposit refund or not? I feel that since I graciously allowed him to amend the the lease to 6 mos that this should void him receiving the deposit. I still have 6 more months of Rent not paid, plus advertising, interviewing, showing. time allotted to re-rent. Not to mention he is not living there. What to do? He has not mowed the yard at all, which is his responsibility. Please help, Texas Landlord

In Texas, the security deposit can be used towards a reletting fee, if the tenant moves out (including turning in keys and completely vacating) prior to the end of the lease. The security deposit can't be used for unpaid rent or normal wear and tear.

Posted by Holly B, NY on Tuesday, June 23, 2015