Legal Question in Landlord & Tenant Law in Texas

Delay in broken lease fee

On 1/6/06 I broke my on campuse housing lease with the university housing office. The penalty for this is half of the second semesters rent (~$1000) and that my security deposit (~$300) wouldn't be returned. I was told that the $1000 fee would be assessed to my student account within 2 to 4 days, but this never happened. Two months later (3/1/06) I was finally charged. Can they do this? How much time does a landlord have to assess this charge?


Asked on 3/06/06, 6:55 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Delay in broken lease fee

First read the agreement/lease that you signed.

The provisions contained in the agreement are binding, as opposed to what a clerk said. Your description of the penalty sounds like the agreement may provide for sacrifice of the deposit and half the remaining rent as liquidated damages. In that event there is probably little you can do about it, if it reasonably relates to the damages to the university.

If the deposit is a security deposit, and is described as such, then if you provided your new address to the landlord, the damages assessed must be provided to you within 30 days of vacating the premises. Most universities have dispute resolution centers. This issue can probably be resolved through the center.

Read more
Answered on 3/07/06, 7:21 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Texas