Do I have to pay my tenant back their deposit if I want them out for non-payment?

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Do I have to pay my tenant back their deposit if I want them out for non-payment?

Tenant did not pay a month and has been late almost every month. Now that we want her out, she claims that we need to pay her the deposit back.

Asked on April 21, 2012 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

I would double check this with an attorney in your area but it is my understanding that a landlord in Texas may deduct from the security deposit "damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease."  Rent seems to be a legal responsibility under the lease.  The problem is that you as a landlord can be held liable for n enormous amount of damages if this is not properly done.  And if you want to evict her for non pament under a lease you need to go through the courts to do that.  Get help.  Good luck. 


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