What to do if my landlord kept my security deposit and is still charging me for repairs?

I finished a 6 month lease and went on month-to-month terms, since I told them I will be moving out soon. I didn’t give them a 30day before moving out due to the fact that I found the new place mid-month. So security deposit, no way of me getting it back. That’s fine. The issue is after I moved out, they are charging me for the repairs but I thought that is what the security deposit is there for security deposit is $800 and repairs are $400. They said since I didn’t give them the 30day notice, security deposit is not going to cover that. I have to pay out of my pocket. Finished and didn’t break contract.

Asked on July 31, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The security deposit is there for both repairs and unpaid rent. The landlord may take any rent you owe at lease termination out of the deposit, as well as the cost of repairs. If you did not provide enough notice, you would have owed 1 months rent (since you were a month to month tenant). If you also caused $400 of damage, the landlord could take 1 month rent + $400 out of the deposit. If there's still some deposit left after that, he'd have to return the balance to you; or if the deposit did not cover the sum of 1 month's rent + $400, he could sue you for the shortfall.

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