Legal Question in Real Estate Law in Texas

Deposit on early lease termination

Our landlord orally agreed to lease our rental

home, allowing us to vacate before the lease

expired if we paid rent until someone else took

occupancy. We stayed and paid until the day

before the new lease took effect.. Despite the fact

that there are no claims for damages, the property

was thoroughly cleaned, and no revenue was lost,

the landlord we must forfeit our $1650 security

deposit and $200 pet deposit. His only expenses

only for the gasoline, mileage and time related to

showing the property. Are we entilted to our

deposits back, less those expense?


Asked on 6/26/00, 2:07 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Deposit on early lease termination

The cleaning and damage deposit is for those items only. Even if he had expenses [which apparently you did not agree ahead of time to pay] they are not properly offset against the C & D deposit. He is not being honest with you.

There are penalities which attach to a landlord's refusal to return a C & D deposit, which can included attorney's fees and interest.

Check with a real estate lawyer in your town to see if you can get a no cost initial consultation concerning your rights.

On this amount of money you may need to proceed by yourself in small claims court.

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Answered on 9/05/00, 8:43 am


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