Whatt o do about a release from obligations of lease but I’m now being denied my the return of my security deposit due to suppossed breach of lease?

I received a letter from my landlord’s attorney stating I am released from any further obligations under the lease if I moved out by the first of last month. Now I receive a letter stating I will not be receiving my deposit as I breached the lease agreement and vacated early .This sounds like a stall tactic to me. How can I breach a lease if I was released if I moved out by a specific date which I did?

Asked on July 1, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are absolutely correct and the fact that you have the release in writing from the attorney is a good thing.  It is my understanding that under Texas law the landlord has 30 days to return your security deposit after you have vacated the property. Also, if the tenant fulfills the lease contract, the security deposit is always refundable; a tenant can never waive their right to a refund of the security deposit.  The landlord can keep part of the deposit if the lease states that a "redecorating fee" or a "make-ready fee" will be deducted from the deposit. If the landlord retains all or part of a security deposit, the landlord is required to give to the tenant a written description and itemized list of all deductions providing the tenant meets certain conditions.  Sue in small claims court.  Good luck.


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