Legal Question in Landlord & Tenant Law in Texas

Using the Deposit as Last Months Rent

I have rented from a lady for the past 16 months. For the first 12 months we had a written lease agreement but it expired in 9/04. Since that time, we are renting month to month. When we rented the house, we gave the landlord the first months and last months rent. We have tried contacting the landlord regarding giving our 30 day notice to vacate but she has not called back. Can we legally use the last months rent paid up front as the last months rent payment?


Asked on 1/19/05, 10:51 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Using the Deposit as Last Months Rent

Absolutely not. If you use the "last month's rent" which is really part of the security deposit as your last month's rent, you set yourself up for being sued for wrongfully withholding the last month's rent. The penalty is 3 times the amount wrongfully withheld. However it is couched, money paid up front is a security deposit.

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Answered on 1/19/05, 11:22 am


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