Security deposit forfeited?

[Axel Scaggs]

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.

[Christopher Brainard]

@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