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Section 92.056 of the Texas Property Code requires a tenant to take several steps before the landlord is considered to be liable to them. A landlord's liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent.
If a tenant leaves behind serious damage that their security deposit won't cover, you can choose to sue the tenant for the cost of repairs and/or replacements.
For example, landlords may be liable for the cost of replacement or repairs should their tenant cause damage to other properties. Worse, they may also face fines or criminal penalties if they knowingly allowed criminal activities to occur within the premises of the rental property.
LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.
When can my landlord withhold my security deposit for damages? The deposit can only be used to repair substantial damage to the property unless there are extra charges stated in the lease. Your landlord cannot withhold for damage caused by previous tenants or for everyday wear and tear to the property.
In Texas, a landlord must provide holdover tenants a three-day notice to vacate. If they refuse to move out by the end of the three days, you can file a forcible detainer suit (AKA eviction lawsuit) against them in court.
You may contact the Austin Tenants' Council,1640B East 2nd Street, Suite 150 Austin, TX 78702, (512) 474-1961, .housing-rights.org.
You may contact the Austin Tenants' Council,1640B East 2nd Street, Suite 150 Austin, TX 78702, (512) 474-1961, .housing-rights.org.