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Updated almost 6 years ago on . Most recent reply

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40
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Douglas Rice
  • Rental Property Investor
  • Frisco, TX
17
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40
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Withholding back rent from security deposit

Douglas Rice
  • Rental Property Investor
  • Frisco, TX
Posted

I have a tenant with a substantial security deposit who stopped paying rent. When they do leave can I withhold the back rent from their security deposit? It is larger than rent for the duration of their lease term remaining. I’m considering just leaving them alone if I’m gonna get the money either way.

This question is specific to Texas.

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Kyle J.
  • Rental Property Investor
  • Northern, CA
5,171
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Kyle J.
  • Rental Property Investor
  • Northern, CA
Replied

You can deduct back rent owed from a tenant's security deposit. 

The Texas law that addresses the return of security deposits can be found here: http://texaspropertycode.org/chapter-92-texas-property-code.html (click on "Subchapter C. Security Deposits")

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