Full question:
I have a two year lease. I have made all payments on time. I have been in the house for a year and a half on a two year lease. I gave a security deposit the equivalent of the first months rent plus the last months rent. The landlord is loosing the house to the bank at the end of the month. Do I still have to pay the last months rent and let the land lord keep my deposit.
- Category: Landlord Tenant
- Date:
- State: Texas
Answer:
Under Texas law, if your landlord loses the property to the bank, the new owner must return your security deposit. You are not required to pay the last month's rent if the landlord is losing the house, as the law prohibits tenants from being penalized for the landlord's financial issues. However, you cannot withhold the last month's rent solely because of the security deposit. If you do withhold it, you may be seen as acting in bad faith, which could result in additional penalties against you (Tex. Prop. Code § 92.108).
Your security deposit must be refunded within thirty days after you vacate the premises, unless the landlord can prove that they have a legitimate reason to withhold it (Tex. Prop. Code § 92.103). If the landlord fails to provide a written description of any deductions from the deposit, they may lose the right to withhold any portion of it (Tex. Prop. Code § 92.109).
In summary, you should not pay the last month's rent under these circumstances, and you have a right to your security deposit unless the landlord can justify withholding it.
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.