1st year completed. Tenant's leaving a month early.

[Lue Brooks]

So I've completed my first year of being a landlord. It had its ups and downs but I have loved it. I will post about it another time if anybody is interested. I have one problem though. My tenants want to leave 1 month early. They gave me their security deposits and the lease says "it is to be refunded upon vacating, returning the keys to the landlord and termination of this contract according to other terms herein agreed." I've looked up and down this lease 3 times and have not seen anything about leaving early. (I know I have no excuse to why I didn't have that taken care of, but It was my very first month of being a landlord, and a lesson for me to learn from.) I want to know what you all think? Will I have to give the money back or is it automatically assumed that if you leave early the money is to be kept from the landlord? They had 2 kids and a dog as well. The kids more than likely messed something up so some of the deposit will have to be kept. I am also in the state of Texas. 

[Nathan Gesner]

The Tenant is required to fulfill the terms of the lease. I they leave early, you are supposed to make a "good faith effort" to find a new tenant and minimize losses to yourself and the departing tenant.

Since you intend to remodel the unit, you can't really fulfill your obligation to find a new tenant and minimize losses. 

The law says you can't use the security deposit for rent, but you are allowed to use it for unpaid charges after termination. If the tenants leaves without paying October rent, you can terminate the lease and apply the deposit towards that charge. 

It sounds like your tenant is willing to forfeit the deposit. If that's the case, put it in writing and you'll be safe.

"Tenant hereby gives notice they intend to vacate the rental no later than October 1, 2019 at 5:00PM. Tenant acknowledges they are terminating their lease early and willingly forfeit any security deposit refund as a penalty for said early termination."

Both parties sign it, make a copy for both of you, and move on.