[ahkazemz]

I am a landlord and the tenant broke the lease left without any written or verbal notice. I showed up when she was moving and now she is asking for the pet deposit back. Is she entitled to the pet deposit or even the rent deposit back

ANDREA

[cdad]

What were the terms as provided by the lease? In most cases a pet deposit is to protect the owner in case of damage to the property by the pet. Was it damaged in such a way? As far as rent deposit goes that should be in the agreement as to how it is treated.

[ScottGem]

If the tenant left without proper notice, they owe rental. You say they "broke the lease". That implies that there is a termed lease in effect. When did her lease expire? She owes rental until the lease expires or you relet to a new tenant, whichever comes first. If she was on a month to month lease, then she owes for 30 days or until you have a new tenant) since she provided no notice.

In terms of the pet deposit, was this a refundable deposit? If so, you first have to do an estimate of the costs to repair any damages caused by the pet. If those repairs are less than the amount of the deposit, then you return the balance with an itemized listing of the damages you withheld money for. Same with the security deposit.

Texas law should specify by when you have to return the deposit and/or an accounting.