Landlord trying to keep my security deposit

Asked by Lashaundra Holmes, Fri Jan 17, 2014

I am renting a house.In December I was verbally threatened by someone.I immediately went to the police and did a report.They kept my home on watch for 2 weeks.I informed my landlord with the situation and more than said I was afraid for my life and the safety of my kids.I spoke to him and his wife about breaking my lease because of the circumstance.He said he understood and to at least give him a notice.Once I found a place I wanted to rent I send him a message informing him of my decision.I have never broken a lease before,never been evicted, nor had any other rental history issues.The place I applied for called me back and said he told them I did not give a 30 day notice,did not fulfill my lease and he would not rent to me ever again.I then mailed him my 30day notice and applied somewhere else.He told them he would let me out of my lease and would not put anything on my credit report but he would not refund any of my security deposit which was $2300.Can he legally do this?

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Don Groff’s answer
Don Groff, Agent, Austin, TX
Sat Jan 25, 2014
Read your lease agreement but I can say that most likely he certainly can. He is letting you break your lease and not coming after you for the rest o the owed amount. If you break a lease with 6 months left you owe that amount. So he is letting you out in good faith but now he needs to prepare the property for another buyer ahead of time and that is causing him time and money even if he gets another buyer in the property right away. Letting you out of your lease is not refunding your security deposit.

Tough lesson and a bad situation but when you sign a lease it has to be followed and the landlord is still doing you a favor by letting you break your lease.

Don Groff | REALTOR® & Mortgage Broker
Austin Real Estate Pros & 360 Lending Group
o 512.669.5599 | m 512.633.4157 |
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0 votes
Dallas Texas, Agent, Dallas, TN
Fri Jan 17, 2014
Your executed lease agreement governs what your rights are to the security deposit.

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0 votes
Lashaundra H…, Renter,
Fri Jan 17, 2014
Thank you Mr. Stone. I will read that section again more closely.
0 votes
Lashaundra H…, Renter,
Fri Jan 17, 2014
No. I havent ruined anything. I am still in the property. I just gave the 30 day notice the 10th of this month. I read the lease but it says nothing about him keeping the deposit or maybe I dont know where to look on the lease. He hasnt responded to the letter or contacted me at all. Also to highgate properties, I do own a home but its in Georgia.
0 votes
Highgate Pro…, Home Seller, Arlington, TX
Fri Jan 17, 2014
Also. Its may time to buy a house. Rent can beii n most cases more than a mortgage payment.
I have a great house for sale in Arlington. Cheap !
0 votes
Highgate Pro…, Home Seller, Arlington, TX
Fri Jan 17, 2014
No Get a Lawyer. He is more than likely in trouble with his bank note. Did you wreck anything in the home?
0 votes
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