Has anyone use this before? - Landlord Forum thread

Has anyone use this before? by Anonymous on March 29, 2012 @00:31

§ 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.

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Re: Has anyone use this before? by Jobs (Ca) on March 29, 2012 @01:14	[ Reply ]

what about in California?

Re: Has anyone use this before? by JD-NY on March 29, 2012 @05:25	[ Reply ]

This is only Texas I believe. Are you aware of any other states?

Re: Has anyone use this before? by A.T.SF (CA) on March 29, 2012 @09:03	[ Reply ]

Not in California. In California the Security Deposit is clearly defined under California Civil Code 1950.5.

Re: Has anyone use this before? by Betty L. on March 29, 2012 @09:26	[ Reply ]

You can only hold a tenant liable for actual damages under State law. This clause seems to penalize the tenant without any legal basis of law. You are trying to penalize the tenant for more money than would be due under the lease terms. Some States prohibit the tenant from using the deposit as last months rent, but any liability is determined by the courts, not the landlord. You can not presume someone acted in bad faith, this is something that must be proved in court.

Re: Has anyone use this before? by Mark on March 29, 2012 @09:46	[ Reply ]

This applies in Texas, but it's also a two way street where the landlord is also required to pay three times the amount and attorney fees, court cost and fines for not proving the deductions were valid. You still have to take tenant to court to receive judgement.

Re: Has anyone use this before? by Mark on March 29, 2012 @09:47	[ Reply ]

This applies in Texas, but it's also a two way street where the landlord is also required to pay three times the amount and attorney fees, court cost and fines for not proving the deductions were valid. You still have to take tenant to court to receive judgement.