Is the Security deposit a security for default in rent payment?
Full Question:
My younger brother blew all his money gambling and has no money to pay his rent for the month. Can he request the landlord to adjust the unpaid rent with the security deposit, considering it as a security for such defaults?
02/13/2017 |
Category: Landlord Ten... ยป Security Dep... |
State: Texas |
#32054
Answer:
Tex. Prop. Code § 94.108 reads:
“(a) 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.
(b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent.”
(b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent.”
