Legal Question in Landlord & Tenant Law in Texas

My commercial tenant committed suicide in the middle of his lease term. Now his mother wants his deposit back. The lease says the deposit is to be returned upon performance of the lease in full. Does his death require me to return the lease deposit to his surviving family?

Asked on 11/08/12, 11:47 am

1 Answer from Attorneys

T. Deon Warner Warner & Associates PLLC

Dear Landlord

Short answer: NO! Read your lease. If the lease does not have a termination clause for the tenant due to death (which I doubt that it has), then the tenant's estate is still responsible for performance under the lease. If the tenant's estate is not able to perform, that will be a breach of lease and allow you to keep your deposit.


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Answered on 11/08/12, 12:40 pm

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