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  1. #1

    Default Landlord's Legal Rights After Tenant Moves Out

    My question involves landlord-tenant law in the State of: Texas
    Please advise if a landlord can sue you for a security deposit that was never paid and it was verbally agreed to that you didnt have the deposit and he let you move in anyway??

    Also can he come back a month after you have moved out and try to collect balance of lease if you moved out early due to financial hardship? He verbally approved the early termination of the lease but nothing in writing.

    He ownes home and move back in the day after I moved out so he had no laps in rent.

  2. #2
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    Default Re: Landlord's Legal Rights After Tenant Moves Out

    A security deposit is applied to unpaid rent and damage when you move out. A landlord cannot sue for an unpaid deposit after you move out, as the tenancy is no longer ongoing and there's no need for a deposit. However, the landlord can sue for unpaid rent and damages you have caused. It sounds like the landlord is suing you because you breached the lease contract and moved out early, owing rent.

    I have no way of knowing what you mean by "He verbally approved the early termination of the lease". If you told him, "I can't afford rent so I am going to move out," and he indicated that he understood your plan, or even that he appreciated your moving out voluntarily so he wouldn't have to evict you, that's not the same thing as saying, "... and I release you from any further liability for rent." But if he took occupancy of the home the day after you moved out, you can defend against a lawsuit for additional rent by asserting that he was in occupancy starting a day after you moved out.

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