Tenant wants me to take last 1/2 months rent out of the security deposit

[lawdude888]

I live in Texas. My tenant is paid up through July 31st. Her lease ends on August 15th. She has not paid the last 1/2 months rent. She wants me to take it out of her security deposit. I explained to her it does not work that way.

I know there is damage to the floors and walls from having other prospective tenants look at the property.

I am planning to send the pay rent or quit notice on the 4th for non payment.

If she refuses to pay, do I get to keep the full security deposit for breach of contract? The 1/2 month rent is 1/2 of the security deposit. Or do I still need to document every damage, and send a statement with line items against the security deposit to see if there is any refund ?

 

[quincy]

https://guides.sll.texas.gov/landlord-tenant-law/security-deposits

 

[adjusterjack]

I am planning to send the pay rent or quit notice on the 4th for non payment.

Former landlord here. Why are you waiting until the 4th when rent was apparently due on the first? Does your lease have a grace period. If not, you serve the 3 day pay or quit notice the day after the due date. Too late now. Learn that with future tenants. Serve her tomorrow. And you don't send it. You serve it personally, with a witness to the service. And you make it clear that if she hasn't paid by the end of the 3 days you will file for eviction and she will have it on her record where future landlords can see it. Don't bluff. Don't threaten it if you aren't willing to file. If you don't file she will just walk all over you until she's ready to leave and you will still have to comply with the security deposit law.

 

[LdiJ]

I live in Texas. My tenant is paid up through July 31st. Her lease ends on August 15th. She has not paid the last 1/2 months rent. She wants me to take it out of her security deposit. I explained to her it does not work that way.

I know there is damage to the floors and walls from having other prospective tenants look at the property.

I am planning to send the pay rent or quit notice on the 4th for non payment.

If she refuses to pay, do I get to keep the full security deposit for breach of contract? The 1/2 month rent is 1/2 of the security deposit. Or do I still need to document every damage, and send a statement with line items against the security deposit to see if there is any refund ?

You cannot just keep the full security deposit without a proper accounting of the money spent, and without refunding anything left over. However you can use the unpaid rent as part of the deductions and if that cause the deposit to go into the negative, you can go after them for the rest.

 

[FarmerJ]

You know there is a chance this tenant wont move on time which is all the more reason to get it over with and file for a eviction based on non payment . Do make sure the day she has returned the unit to you empty and returned the keys to you is when you start the time clock to address the deposit funds and make sure you video record of take still shots of every thing the tenant damaged , every thing the tenant left dirty and any trash, junk furniture etc that is left behind and plan on having your written disposition about the deposit done in the number of days your state says you have to do it ( once the unit is empty-keys returned) sent via confirmed mail delivery if you must then you use the last known address , the one they rented from you! ) staple your copy of the letter to your postal receipt and if the tenant did not put in a forwarding card with USPS your going to have to save that original letter you sent and make sure it is not opened and left in tact so that way if you end up in a court room over it you can offer it to the court and tell the judge the tenant did not put in a address change as you offer it to the court.

 

[lawdude888]

I ended up getting 3/4 of the last months rent. I negotiated this with my tenant and decided not to press the issue of the full months rent just to increase the chances, the property would be left in an optimal condition.

This did not work out for me.

The tenant snuck in a pet that was not on the lease. There was damage to the wood floors that exceeded normal wear and tear. She admitted in a text to having a dog on the property, the lease states "no pets". There were also at least 20 fence pickets that were broken. 2 of the outside light fixtures had broken glass. One of the garage doors had a dent, on the inside and the outside. She admitted to her friends car damaging it. There were also chipped and cracked bricks in areas of the house.

I sent her a line item statement of the damages. The deductions from the security deposit was $1400.

Surprisingly, or not she is threatening to sue me.

For the fence and light fixtures, I was able to get them repaired and have the receipts.

For the garage door that was dented, it would cost $1000 to have it installed and repainted. I am not planning on replacing the garage door since I was able to reattach the post with some tools. It is dented and an eye sore, but I was able to get it to function. I deducted $300 for this for the damage. The floors were a similar story. It would cost around $2000 to get professionally repaired and I deducted $500.

If she does sue me, I should be able to counter sue for the full damages?

 

[quincy]

I ended up getting 3/4 of the last months rent. I negotiated this with my tenant and decided not to press the issue of the full months rent just to increase the chances, the property would be left in an optimal condition.

This did not work out for me.

The tenant snuck in a pet that was not on the lease. There was damage to the wood floors that exceeded normal wear and tear. She admitted in a text to having a dog on the property, the lease states "no pets". There were also at least 20 fence pickets that were broken. 2 of the outside light fixtures had broken glass. One of the garage doors had a dent, on the inside and the outside. She admitted to her friends car damaging it. There were also chipped and cracked bricks in areas of the house.

I sent her a line item statement of the damages. The deductions from the security deposit was $1400.

Surprisingly, or not she is threatening to sue me.

For the fence and light fixtures, I was able to get them repaired and have the receipts.

For the garage door that was dented, it would cost $1000 to have it installed and repainted. I am not planning on replacing the garage door since I was able to reattach the post with some tools. It is dented and an eye sore, but I was able to get it to function. I deducted $300 for this for the damage. The floors were a similar story. It would cost around $2000 to get professionally repaired and I deducted $500.

If she does sue me, I should be able to counter sue for the full damages?

Yes. You can sue or countersue.

 

[adjusterjack]

If she does sue me, I should be able to counter sue for the full damages?

Sure. You just might not get anything.

You negotiated a settlement. Negotiated settlements are binding. Once you are in them you don't generally get out of them.

You really need to get out of the landlord business. You messed up on so many levels that I don't even know where to start.

For one thing, there's this:

"Sec. 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent.

(b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent."

For another, you charge for the full amount of your damage, even if it's only with a contractor's estimate. That you aren't going to repair it should be irrelevant because you should be paid for the reduction in your property value that the damage entails. Especially since the damage can be easily seen in photos.

One more time:

You really need to get out of the landlord business.

 

[Zigner]

Sure. You just might not get anything.

You negotiated a settlement. Negotiated settlements are binding. Once you are in them you don't generally get out of them.

I disagree that a settlement related to a reduction in the last month's rent means that the LL can't recover the cost of damage to the property.

 

[lawdude888]

you charge for the full amount of your damage, even if it's only with a contractor's estimate. That you aren't going to repair it should be irrelevant because you should be paid for the reduction in your property

You really need to get out of the landlord business.

I appreciate the advice. I mean that honestly.

I had tenants schedule to move in to the property as is, the day after my tenants lease ended.

I believe sometimes a little finesse is needed. I would of been in trouble if my old tenant just decided to not move out, or damage the property even more.

I am handy and calculated and charged her what it would cost me to to fix it myself (lots of labor + multiple contractors).

I have learned my lesson with regards to never agreeing to use and part of security deposit towards rent.

I was unaware I could use the contractors estimate, even if I was not going to repair it.

Cheers,

 

[STEPHAN]

I would of been in trouble if my old tenant just decided to not move out, or damage the property even more.

I hope you leases have a clause that you are not responsible for the new tenants' damages in that case.