Can you use your security deposit for your last month’s rent?


Texas Property Code §92.108 states “a tenant may not withhold payment of any portion of the last month’s rent on grounds that the security deposit is security for unpaid rent.”

The penalties are clear — the tenant can be liable up to 3 times the rent wrongfully withheld and liable for payment of the landlord’s attorney fees for any suit to recover the rent.

Therefore if you are a tenant seeking the return of your security deposit after you move out. As a minimum do the following: provide 30 days notice, a forwarding address, make sure the rental property is clean and undamaged, do not break your lease, and pay your last month’s rent on time.

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