Legal Question in Real Estate Law in Texas

Returning deposit after tenant breaks lease

I am being sued by a former tenant for failure to return a deposit. This tenant signed an one year lease which she broke after only 2 months by moving. She wants me to return her deposit of $200 and wants triple damages. I did not return the deposit because I was not able to re-rent the home for 19 days, for which I feel she is responsible. Also I feel she needs to pay for the advertising I did to get the home rented. I want to know if when we go to court I can collect the deposit plus the money for the days the home was not rented or if I even have a case.


Asked on 7/11/02, 5:16 pm

2 Answers from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Returning deposit after tenant breaks lease

Find Chapter 92 of the Texas Property Code, dealing with residential tenancies, and read the provisions on deposits. They are brief and mostly in plain English. You should be able to link to the Texas statutes from the lawguru.com website.

Read more
Answered on 7/11/02, 5:46 pm
Lawrence Maun Lawrence J. Maun, P.C.

Re: Returning deposit after tenant breaks lease

You can file a counterclaim for your damages, including clean up, advertising andy reduced rent you are now receiving over the life of her lease, etc. Additionally unless she left a forwarding address when she broke the lease, you were not required to send her her deposit. I

Read more
Answered on 7/11/02, 5:46 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas