Can landlord deduct Eviction judgement amount from deposit

Can landlord deduct Eviction judgement amount from deposit

Real Estate Investor · Plano, TX · Member since 2016 · 3 posts · 0 votes

Hi,

There was an eviction case and judgement is in favor of landlord. If there is a judgement amount awarded to landlord in the judgement, 
wondering if landlord can deduct the judgement amount from Tenant's security deposit. Also, if there are other attorney fees besides judgement (like attorney filing "writ of possession" fee, and court fee for "writ of possession"), can this amount be deducted from security deposit as well?

Thanks

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    Probably, but if you are evicting a tenant they likely owe you rent and the amount of the rent will exceed that of the deposit.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y

    @Abha O.

    Definitely want to confirm this with your attorney in the state the property resides

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Abha O.:

    It can in my state.

    If you aren't sure, talk to an attorney. Personally, I find it highly unlikely the tenant would attempt to sue you for their deposit when they already have an eviction and a judgment against them. 

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