Texas Landlord Withholding Security Deposit
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FAQ
Reasons to Withhold a Tenant's Security Deposit Some of the scenarios may be: If the tenant defaults on unpaid rent or fails to pay rent. If the tenant causes damage beyond ordinary wear and tear. If the tenant fails in restoring the rental unit to a reasonable condition.
If you owe rent and there is no dispute over the amount you owe, the landlord can keep the security deposit for the amount you owe. If you move out before your lease ends, your landlord may subtract a reletting fee from your security deposit.
Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
Some landlords will charge tenants a nonrefundable fee, such as a fee for cleaning. Such fees are legal if clearly disclosed to the tenant as part of the leasing process. They represent part of the cost of leasing the unit and are different from a security deposit which is designed to ensure compliance with the lease.
You cannot withhold (not pay) your rent even if the landlord has failed to repair a condition that needs repair. Withholding rent will probably get you evicted in Texas.