Legal Question in Landlord & Tenant Law in Texas

Landlord won't apply prepaid ''last month's rent''

My husband has leased the same office space for the past five years. He paid first and last month's rent at the beginning. This year he switched from a 1-year lease to a month-to-month lease because he was considering moving out. He gave 1-month's official notice that he would be leaving at the end of this year. He didn't pay for December because he had already paid the ''last month'' when he originally leased the place. The landlady came by today and demanded payment or she was going to lock him out of his business. When he reminded her that he had already paid the last month's rent, she said that over the years my husband had been late with his monthly payment enough times that she was now going to withhold returning the money. She never before mentioned charging him the late payment. Do we have any recourse for getting our money back? If so, what do we do next?


Asked on 12/15/05, 6:17 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Landlord won't apply prepaid ''last month's rent''

"Last month's rent" is considered part of the security deposit. It is not "rent." Rent is due for each month occupying property. Failure to do is grounds for eviction or, in commercial property, lockout. Failure to pay last month's rent can subject tenant to a lawsuit for three times the amount wrongfully withheld. There is also a statute to sue the landlord for wrongfully withholding a security deposit. The security deposit refund is not due until thirty days after move-out.

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Answered on 12/15/05, 6:27 pm


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