Re: partial payment tenant leaving - Landlord Forum thread

Re: partial payment tenant leaving by OK-LL on August 23, 2012 @01:16

I believe TX is a literal notice state, so tenant only owes through August 19. If tenant has not paid in full for July or August, you should post the p/q notice IAW TX law and evict for non-payment, unless you hold enough SD to cover damages and all unpaid rent. Yes, you can use the SD for the unpaid rent, which is considered financial damages.

For future, be certain your lease includes a clause that tenant must provide a 30-day PAID notice to terminate the rental.

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Re: partial payment tenant leaving by Anonymous on August 23, 2012 @11:10	[ Reply ]

if they were a month2month basis with no last month payment given at move in do they still owe money for July?

Re: partial payment tenant leaving by OK-LL on August 23, 2012 @14:25	[ Reply ]

From what I can make out of the original post, the tenant lived in the rental through July and plans to stay through August 18. Tenant therefore owes rent for all of that period. LL should make his best effort to get the rent and should file for eviction based on non-payment if the rent payment isn't forthcoming. LL should never agree to use the SD for rent -- it is illegal to use the SD in this manner in some states and it reduces the "insurance" you have that you can repair any problems the tenant leaves behind. Once the tenant has left or you have a judgment, you then have financial damage and most states allow the SD to be used to pay those financial damages.

Re: partial payment tenant leaving by Anonymous on August 23, 2012 @18:43	[ Reply ]

can anything be done since they moved out already?

Re: partial payment tenant leaving