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Can I Keep Security Deposit if... - Landlord Forum thread 347533

Can I Keep Security Deposit if... by Lina (Texas) on August 23, 2016 @18:59

                              
My tenant just moved out last week. I found out his girlfriend was living in the home for the entire term of lease. She was not listed anywhere on the lease as a tenant. The primary tenant admitted in text she was living there, i have pics of her mail received at rental & neighbors statements. Can i keep remainder of security deposit due to violation of lease?
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Re: Can I Keep Security Deposit if... by Anonymous on August 23, 2016 @19:15 [ Reply ]
"Can i keep remainder of security deposit due to violation of lease?"

What do your state laws say regarding security deposits? According to a quick search, it appears as though the landlord is required to return the tenant's security deposit within 30 days after move-out.

Remember, the security deposit is the property of the tenant, and state law allows the landlord to make certain deductions after move-out.

You would be wise to handle the security deposit properly.
Re: Can I Keep Security Deposit if... by Garry on August 23, 2016 @19:42 [ Reply ]
NO, you cannot keep part of the deposit, just because an extra unauthorized person was staying there. You must prove that your tenants (or their guests) caused physical damage to your property that you had to repair, or that they did not pay you some or all of your rent. In other words, how were you or your property damaged by an extra person staying there? Sometimes Ts violate leases in some minor ways, that don't result in extra costs or losses for the LL.
Re: Can I Keep Security Deposit if... by J (FL) on August 23, 2016 @20:05 [ Reply ]
No you can't, the time to deal with the extra person was during the lease term (if you had known about it), with a C/Q notice. Not through a security deposit.
Re: Can I Keep Security Deposit if... by MrDan (GA) on August 24, 2016 @19:02 [ Reply ]
Here are the potential problems you as the landlord might face in keeping the remaining security deposit.

  • Acceptance of rent by the landlord after default by a tenant may constitute a waiver of the right to enforce violation of lease terms. If the issue of unauthorized occupants was important to the landlord, then the lack of inspection for unauthorized occupants by the landlord during the lease term would prevent the landlord from enforcing any prohibitive lease clause due to 'waiver and estoppel'.

  • Texas law provides that a landlord who fails to return the deposit or to provide a written description and itemization of deductions within 30 days is presumed to have acted in bad faith. This presumption compels a finding of bad faith, and as a result, the landlord forfeits all rights to withhold any portion of the security deposit or to bring suit against the tenant for damages.

  • If the landlords is proven to be withholding a security deposit without cause or has failed to provide a written notice for damage claims against the security deposit, the tenant(s) have the right to triple damages on the amount in question, court cost and attorney fees.

  • The landlord would have to prove that the landlord was damaged in some way that relates to the amount of the remaining security deposit. What proof would you have that such damages equaled or exceeded the remaining security deposit?

    Trying to claim the remaining security deposit on the grounds of an unauthorized occupant without giving notice to tenant of such a breach of the lease would be very risky. Texas Property law requires notice to the tenant for violations of the lease and to give the tenant the right to cure any such violation.

    A Judge might feel that you failed to enforce your occupancy standards in a timely manner and are acting in bad faith in retaining the remaining security deposit for your failure to check and enforce.

    So the risk is that you might have to return the entire security deposit and be barred from any future claims against the tenant.

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