Full question:
My younger brother blew all his money gambling and has no money to pay his rent for the month. Can he request the landlord to adjust the unpaid rent with the security deposit, considering it as a security for such defaults?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Texas
Answer:
No, he cannot. Texas tenancy law does not allow tenants to withhold any part of their rent by claiming the security deposit as payment for unpaid rent. The security deposit serves a different purpose and is meant for specific contingencies outlined in the law.
According to Tex. Prop. Code § 94.108, a tenant may not withhold the last month's rent on the grounds that the security deposit is security for unpaid rent. If a tenant violates this provision, they are presumed to have acted in bad faith and may be liable to the landlord for three times the amount of rent wrongfully withheld, plus the landlord's reasonable attorney's fees for recovery.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
