can a texas landlord stipulate that the tenant find a replacement tenant at the end of the lease, or is this an unenforceable clause?

landlord keeping deposit, saying lease says I forfeit it if I don't find replacement....thats in addition to 30-day move out notice, which I honored.

9 Answers

Relevance
  • 4 weeks ago

    He can put in the lease that you have to dance for 20 minutes in pink panties before you leave, but that does not mean it is legally enforceable. Any clause in the lease that is contrary to state law is not legal and is not enforceable. When your lease expires and you have given legal notice, you are not obligated to do "his job" to find a new tenant.

    • Login to reply the answers
  • Bort
    Lv 6
    4 weeks ago

    A lease is a contract. If you signed the lease you agreed to any and all terms on the lease. If this was a term on the lease that you agreed to, you agreed to it, therefore he is able to keep the deposit if all terms of the agreement weren't met.

    A lease or any contract can say anything even if it's not ethical or within law(s). If it's agreed to...it's agreed to no matter what the agreement is. When you don't agree to a term on a contract you have the option to not sign it. Signing it = agree.

    • Login to reply the answers
  • 4 weeks ago

    No that would not be enforceable.  Even if they could require you to find a new tenant they cannot keep your deposit for not doing so.  The deposit is for cleaning, damages & owed rents or other fees. It cannot be used to punish you or for retaliation.  You have to sue him for illegally keeping it. 

    • Login to reply the answers
  • 4 weeks ago

    At the end of the lease? Not the tenant's problem at all,

    Tell him you'll happily sue him and win.

    • Login to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • Maxi
    Lv 7
    4 weeks ago

    End of contract, with 30 days notice you are not renewing and left no damage and cleaned properly the LL has no legal right to keep your deposit and you sue the LL for the deposit back in court

    • Login to reply the answers
  • 4 weeks ago

    Unenforceable...

    • Login to reply the answers
  • A.J.
    Lv 7
    4 weeks ago

    Unenforceable. By Texas law, the landlord would be calling the lack of offering a new tenant to be a breach of lease. But the lease period ends on that day. It becomes unenforceable as a lease term. A landlord may only deduct from a security deposit for specific reasons laid out by Texas landlord-tenant law. If a landlord acts in bad faith during this process, they may forfeit their right to any portion of the tenant's security deposit.

    https://statelaws.findlaw.com/texas-law/texas-secu...

    https://statutes.capitol.texas.gov/Docs/PR/htm/PR....

    Sec. 92.103.  OBLIGATION TO REFUND....

      The landlord would also have to argue what an acceptable tenant is, as you can ask a homeless guy to say he'll rent the place if you give the homeless guy a dollar. If the landlord only used the word "acceptable", he could turn down all you bring forward and try to keep the money.

    The more prevalent reason is common law. The writer of the contract in this case, by common law, is considered the expert, and the tenant is a novice. The expert writer of a contract can't sneak in expected clauses and expect them enforced in a court of law against a novice. Tenants typically don't have lawyers review lease contracts for an apartment. In a higher value commercial contract the landlord would have a better case. However, the landlord can attempt to enforce it, holding security deposit as a breach of lease, requiring tenant to take the case to court where judges should rule in tenant's favor plus interest and court costs. If it applied as part of an early termination section, it is enforceable because it is in a typical person's expectation that such a clause is in the contract and the tenant should have benefit of not paying the rest of the lease. It would be in BOLD print, by law. If part of an end of lease period, it is unenforceable, unless pointed out to you before you signed the lease asking you to initial the clause indicating you read and understand it. Also, at that initial time, if you could not strike the clause before signing the lease, since it is an expected clause, you have a right to refund of all monies paid and have some grounds for a lawsuit if you did things expecting to sign a lease.

    In other words, if it was made clear in the signing of the lease, the landlord stands a chance of enforcing it. If snuck in, not a chance, in court.

    • Login to reply the answers
  • 4 weeks ago

    i wouldn't be surprised if there is nothing specific in the law, so the judge would have to apply his interpretation...and in all likelihood, it would be deemed an unenforceable illegal provision

    (ie law likely does not specifically say 'landlord can't keep the deposit if a new tenant is not found'....but that would be implied )

    • Login to reply the answers
  • 4 weeks ago

    No, it can’t enforce it. It’s not your responsibility to find new tenants. 

    • Anonymous4 weeks agoReport

      even though it does mention it in the lease?

    • Login to reply the answers
Still have questions? Get your answers by asking now.