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All Forum Posts by: Axel Scaggs

Axel Scaggs has started 6 posts and replied 22 times.

Post: Security deposit forfeited?

Axel Scaggs
Posted
  • Investor
  • Denton, TX
  • Posts 22
  • Votes 10
Originally posted by @Fred Heller:

Not giving legal advice, but moving out before the lease expires does not mean you forfeit the security deposit. The landlord can only deduct for actual damages, which can be physical damage to the property or lost rent. Since the landlord didn't lose any rent and there were no damages, I can't see any way this would hold up.

If your lease is the standard TAR lease (I'm guessing it's not), there is a clause which deals with early termination. If you move out early, the landlord can charge a fee even if you find an acceptable replacement tenant. That fee would be clearly stated in the lease.

I would contact the Consumer Affairs department at the Texas AG office. They deal with tenant's rights violations.

 He wrote the lease himself. As far as the specified penalty it states that if any provision of the lease is violated, in this case early termination, the security deposit is forfeited. That page of the lease is what he sent me as my itemized list after move out as well. I looked over the entire lease and the written notice of intent to move requirement was not underlined or bold either by the way. I sent a request for return of security deposit with a forwarding address a few months ago. He is now refusing all certified mail. 

Post: Security deposit forfeited?

Axel Scaggs
Posted
  • Investor
  • Denton, TX
  • Posts 22
  • Votes 10

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.