I want to know if a landlord can keep my overpaid rent? This is in Texas, they have a security deposit already?

Question

The house we were renting was set up on military allotment. It didn't get stopped on time. So it paid my March rent there. I am three days late moving out and am willing to let them keep the fair amount for rent. I have a security deposit up to cover any damages and yes there are some ( I have 2 kids,some coloring on a wall, broken window, and a hole where the door slams against the sheet rock) but my deposit more than covers damages. I asked them to refund my rent as I need to pay my rent on new place, they said when they got around to it if my damages were less than my deposit & rent. It could take 3o or so days they said. I need my money back asap as this put us in a big bind. This is a property rental company handling the house.

Update:

I am expecting them to keep my deposit, of that I have no doubt. It's my overpaid rent that I need back. Actually we were moved out but they wanted us to do some more clean up on the house such as steam cleaning and wash wood work etc..... since we are military we have to leave it spotless. That is what our delay was .

jammers · Accepted Answer

According to my manaager, if you have vacated the premise and gave proper notice and had no damages then YES, your over payment should be paid within 30 days, if not then you are entitled to double the amount.

If you still reside there then it would be a credited toward next month.

HEATHER · Answer

If you were supposed to be out 2/28 and did not get out until today they may be able to keep your rent for the month.  If you pay monthly, your rent is paid per month, and once you enter into the next month, you owe for that month.  You can't check out at 4 in the morning from a hotel and ask to get the prorated hourly rate for that day between 4 am and checkout at 11 am; this is the same kind of thing. If a landlord is understanding they may decide to give it to you but they don't have to legally.  Also, in most states the landlord has 30 days to return your security deposit.  They don't have to return it the second you move out.

smedrik · Answer

It is likely that you pay your rent on the first, and that the month begins on the first.

becuase you stayed into march - you owe march's rent.  The landlord is under no obligation to prorate unless it was agreed upon in advance.   The fact that your landlord is willing to prorate dependent upon damages is a gift.

dieterle · Answer

you are able to wish to study your hire settlement and see what it says approximately outcomes for breaking a hire. frequently a landlord can shop you deposit, if there is language in there concerning early termination. whether, you are able to desire to record all the subject concerns you have had considering which you moved in. If it is going to courtroom it could no longer necssarily help you to, yet a minimum of a decide could desire to be sure which you have legitamate reasons for desirous to terminate your hire. in case you are able to seek for suggestion from with an criminal expert familiar with fla regulation.

knowitall · Answer

If you were in there even 1 day into the new month, you must pay the entire month's rent.

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I want to know if a landlord can keep my overpaid rent? This is in Texas, they have a security deposit already?

5 Answers