Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 6 months ago on . Most recent reply

User Stats

19
Posts
7
Votes
Axel Scaggs
  • Investor
  • Denton, TX
7
Votes |
19
Posts

Security deposit forfeited?

Axel Scaggs
  • Investor
  • Denton, TX
Posted

I signed a one year lease and moved out one month early. I asked the landlord if it would be OK and he said it was fine. I found him tenants with good credit before the end of the month. Steam cleaned the carpets, etc, and he determined there was no damage. New tenants moved in 8 days before the month I paid was up and signed a new year lease with a new deposit. I requested via certified mail that my security deposit be returned, but he said that it was forfeited due to a clause in the lease that said it was forfeited if any provision of the lease was violated, in this case not staying the final month. He sent me a letter stating the forfeiture for that reason as well and did not list any damage. He had no losses and lead me to believe I would get my deposit back initially. Should I take this to small claims court? I live in Texas.

  • Axel Scaggs
  • Most Popular Reply

    User Stats

    891
    Posts
    701
    Votes
    Christopher Brainard
    • Rental Property Investor
    • Rockwall, TX
    701
    Votes |
    891
    Posts
    Christopher Brainard
    • Rental Property Investor
    • Rockwall, TX
    Replied

    @Axel Scaggs

    Its been a while since I was licensed in Texas, but I seem to recall that the landlord can only deduct actual financial loss, in the event of a premature vacancy. If you found a replacement tenant that he found suitable and moved them in before you entered in any unpaid portion of your lease, I would expect you to receive a full refund of the security deposit.

    I would check with the state laws and see how much you can sue him for in small claims court. Here in Nevada, these shenanigans would cost the landlord twice the security deposit in small claims court.

    -Christopher

    Loading replies...