Landlord Question and Answer Forum

I received a $2200. security deposit. The leasee has given notice that she is moving out three months before her lease is up. May I keep the $2200. for her early departure. She has not made the home available to be seen during the last 30 days of her habitation in the home so I cannot show the house until she moves out. This is delaying my leasing the home to new tenants by 3-4 weeks. The monthly lease is $2200. I know I had the 'right' to go into the home but she was very unhospitable and unavailable and made the comment that the house would not show well with her and her furniture in it. Barbara in Dallas, tx

Barbara I'm not a TX attorney, so I don't know what the laws are regarding keeping security deposits for unpaid rent, but if you DO keep it to compensate for the unpaid rent the worst she can do is protest it in court, in which case you can explain your side of the story. You may end up having to give it to her in the end, or you could win in court, but the most likely scenario is she won't go through the hassle of taking you to court over it.

Posted by Ralph F, CA on Sunday, May 24, 2009

I'm not a lawyer, but it seems that She is breaking the lease and you have the right to keep her deposit for failure to fulfill the lease agreement. In any case make sure you send her a Certified Letter stating what amounts that are being withheld from her Security Deposit and stating the reasons. That way should you be taken to court by Her you'll have proff as to the reasoning for with holding her deposit.

Posted by Billy G, TX on Saturday, July 4, 2009