can my landlord keep my security deposit in texas for not finding a replacement tenant?
I had given him 30 days notice, however the lease does say I would forfeit it if no replacement is found, however he never provided a copy.
- Casey YLv 78 months ago
Sue the landlord for keeping it. Did you move out mid-term? If so...enjoy the countersuit for the balance of the rent.
The only time you'd be required to find a replacement tenant would be if you were trying to break your lease. So, you either sacrifice the security or get sued for the balance of the lease term's outstanding balance.
- curtisports2Lv 78 months ago
It's unenforceable. He will find out the hard way if you take him to court.
- BortLv 68 months ago
If he has a copy of it with your legitimate signature on it and it says that, yes. He can keep the deposit. A lease is a contract.
- ScottLv 78 months ago
I suppose he "can", there's nothing to stop him. Whether or not it's legal is a different story.
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- LILLLv 78 months ago
If the lease still valid, Texas law requires that the landlord mitigate his damages by finding a new tenant, although it might be in your best interest to help find someone since you are legally responsible for rent until a new tenant is found. If your lease is completed, only your landlords duty to find a tenant. Any clause in your lease that says otherwise is NOT enforceable.
- JudyLv 78 months ago
Was your lease up, or did you leave early?
- SimplytheFACTSLv 78 months ago
if your lease is not expired, of course--and actually you are getting off easy if that is the case, many leases have higher penalties...do you have a phone with a camera? you could have taken a pic, when he failed to give you a copy, did you follow up?
if your lease is expired and 30 days is the proper notice...no.
- MaxiLv 78 months ago
The only way that would be legal is if you breached your contract and moved( giving 30 days notice) before the end of your signed termed contract...then 'normally' a landlord will attempt to find another tenant but you pay till end of your signed contract and/or they find a new tenant to take over and the deposit is 'normally' lost to enable the landlord to cover the costs to advertise but it should be in your contract, so you need to ask for a copy of what you signed
- Anonymous8 months ago
Did you sign a lease ?
- Anonymous8 months ago
If you signed it you are bound by it. Unless the law in Texas says it's an unfair term. It would be thrown out in the UK as an unenforceable clause. Not having a copy is probably irrelevant.Source(s): UK landlord