This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.
Texas Rent Abatement Clause Providing for a Landlord Remedy and Damages
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US-OL4021
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FAQ
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.
Property Damage 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.
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.
If you leave property behind before you are evicted, the property may be considered abandoned. Texas Property Code 92.0081(b)(2) allows a landlord to remove abandoned property.
Class="tab-title-content">Non-refundable 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.
Section 92.109 - Liability of Landlord (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
The landlord must return your deposit ? less any amount deducted for damages ? within 30 days. If the landlord withholds part or all of your deposit, they must give you an itemized list of deductions with a description of the damages. Normal wear and tear.
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.
