Landlord Question and Answer Forum

Renter Broke Lease and Moved Out after two months on a year contract. Do I have to give her notice that I am asking for a reletting fee and months rent as stated in contract before I file in small claims court?

The Texas Security Deposit Law requires a landlord to return a security deposit within 30 days after the tenant moves out or give a written accounting as to why the deposit (or part thereof) is being kept. It is important to remember that the tenant is only entitled to have the deposit returned to them if they have complied with their lease, left a forwarding address, and left the apartment in good condition.

Posted by Donna , NC on Tuesday, July 14, 2009

Thank you -- the notice I decided to send her did say that the amount she owes me exceeds her security deposit amount. I just wasn't sure if I needed to give her notice that I am going to sue her in small claims court.

Posted by Rachel H, TX on Tuesday, July 14, 2009

After your tenant has received the breakdown of what they owe, after a decent amount of time; I would send a notice that if they do not pay the outstanding balance you will file in court on such and such time. I am not sure it is required, you can check with the clerk of court but it is always better to warn.

Posted by Donna , NC on Wednesday, July 15, 2009