Hi All,

I can't believe my luck - had absolutely no issues for almost a year.

Long term tenants of 6 years whose lease expires August 31, 2018 have vacated the property. We plan on changing appliances, floors, counters etc.

Now my question - My husband says they have broken the lease and should forfeit the security deposit (they would not be happy if he had gone to them and told them to be out before their lease was up)!!

I was thinking to deduct for 'damages' if any. I'm out of the country and won't be at the property until beginning of June.

If they left the place clean and undamaged, and they gave you notice of leaving, I would return their deposit. If they gave notice, you should have mentioned they were breaking the lease and your ETF is xxxx. Myself, if I had good tenants for 6 years and they left a few months early and I was planning on a rehab, I would just move on. But I do month to month only.

I don't know anything about TX, but I doubt that you can simply seize their security deposit as a forfeiture. My guess is that the most that you can do ios to apply the deposit against any amount that they actually owe, subject to any restriction that TX law may apply.

Thanks for your response Linda. This is my only lease that does not have an ETF because it was 6 years ago.

When I send them the security deposit accounting I will mention they broke the lease.

I agree with Moshe -- both as to my ignorance of your state's laws and as to my GUESS that there is no forfeiture of the deposit.

What are your damages from the early departure? That is what I would be asking myself. Under general legal principles, the T is responsible for the damages from the breach.

If my T vacates on May 31, instead of August 31, does that cause me damages? The unit will need to be rehabbed after 6 years, regardless of the date. The unit will need to be re-rented, regardless of the date. I know we get upset, but I do not see any damages from this breach. Part of the reason why most of my tenancies go to M-T-M after the first year.

If they have an annual lease and leave before the end of the lease and the lease does not include EFT then they are at a minimum responsible for the rent until you have found a suitable replacement. Less than 30 days notice, if that is your requirement, they would be responsible for that month's rent. In either instance, you are most likely allowed to deducted the rent from the SD and bill them for the difference if the SD doesn't cover everything.

They may have been good tenants but you are setting a precedence if decide to treat them differently than other tenants in a similar situation.