Can A Tenant Use Their Security Deposit For Last Month’s Rent?

February 14, 2014

Vacating Tenants Take Note – This question arises quite often.

 

Tenant’s Liability:  May a tenant withhold any part of the last month’s rent on grounds that the security deposit will cover the balance?

 

  • No.  If the tenant does so, he will be presumed to have acted in bad faith and will be liable to the landlord for 3x the amount of rent wrongfully withheld + reasonable attorney’s fees in a suit to recover the rent as indicated per the Texas Property Code