can my landlord keep my security deposit in texas for not finding a replacement tenant?

I had given him 30 days notice, however the lease does say I would forfeit it if no replacement is found, however he never provided a copy.

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  • 1 month ago

    Sue the landlord for keeping it. Did you move out mid-term?  If so...enjoy the countersuit for the balance of the rent. 

    The only time you'd be required to find a replacement tenant would be if you were trying to break your lease.  So, you either sacrifice the security or get sued for the balance of the lease term's outstanding balance. 

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  • 1 month ago

    It's unenforceable. He will find out the hard way if you take him to court.

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  • Bort
    Lv 6
    1 month ago

    If he has a copy of it with your legitimate signature on it and it says that, yes. He can keep the deposit. A lease is a contract.

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  • Scott
    Lv 6
    1 month ago

    I suppose he "can", there's nothing to stop him. Whether or not it's legal is a different story.

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  • LILL
    Lv 7
    1 month ago

    If the lease still valid, Texas law requires that the landlord mitigate his damages by finding a new tenant, although it might be in your best interest  to help find someone since you are legally responsible for rent until a new tenant is found.  If your lease is completed,  only your landlords duty to find a tenant.  Any clause in your lease that says otherwise is NOT enforceable.

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  • Judy
    Lv 7
    1 month ago

    Was your lease up, or did you leave early?

    • Anonymous1 month agoReport

      I gave proper notice--it was month to month, and I gave 30 day notice

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  • 1 month ago

    if your lease is not expired, of course--and actually you are getting off easy if that is the case, many leases have higher penalties...do you have a phone with a camera?  you could have taken a pic, when he failed to give you a copy, did you follow up?

    if your lease is expired and 30 days is the proper notice...no.

  • Maxi
    Lv 7
    1 month ago

    The only way that would be legal is if you breached your contract and moved( giving 30 days notice) before the end of your signed termed contract...then 'normally' a landlord will attempt to find another tenant but you pay till end of your signed contract and/or they find a new tenant to take over and the deposit is 'normally' lost to enable the landlord to cover the costs to advertise but it should be in your contract, so you need to ask for a copy of what you signed

  • Anonymous
    1 month ago

    Did you sign a lease ?

    • Anonymous1 month agoReport

      Yes, however he refused to provide a copy

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  • Barry
    Lv 4
    1 month ago

    If you signed it you are bound by it. Unless the law in Texas says it's an unfair term. It would be thrown out in the UK as an unenforceable clause. Not having a copy is probably irrelevant.

    Source(s): UK landlord
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