@Ronald Rohde, I understand but If you look at the lease she signed, it is my impression that if we do not agree on an early termination of her contract according to the texas lease she signed see below, 17 a. states..
Tenant shall be liable for damages to Landlord for all loss sustained, including, without limitation, the balance of the Rent and Additional Rent due for the remainder of the Term, court costs and reasonable attorneysâ fees;
To me I interpret that as, I am going to retain and use your security deposit towards what loss is sustained as far as money owed to me for her not completing the lease and signed contract.
Also if you look at section 4. Security Deposits of my lease it states in there ...
Landlord may retain the Security Deposit for nonpayment of Rent or Additional Rent, damage to the Premises, replacement of damaged or missing items on the Premises, and/or cleaning of the Premises beyond normal wear and tear, to perform any obligation Tenant fails to perform under this Lease, or in connection with Landlordâs remedies under this Lease
Again I would interpret that to I could retain the security deposit because of the obligation the tenant failed to perform in finishing out the required lease dates.
What you posted above is true but states... A landlord who in bad faith retains a security deposit.. is liable.
My question would be, based on what she signed and agreed to, and what I laid out above would I still be retaining her security deposit in "bad faith"?
Now if we work out a deal, that we both we agree to, for example an "early termination", then I WOULD NOT be able to keep her security deposit.