Order your free copy now and learn all you need to know about living the good life in San Antonio!
| Renting and Leasing |
You may want to contact your city building inspector’s office or county health department if you feel the condition violates state statutes or local housing codes regarding safety and sanitation.
12. How can I get my security deposit refund?
13. When should I receive my security deposit refund?
14. What can be deducted from my security deposit?
Any deduction must be listed in a written description and itemization mailed to you on or before 30 days after you leave. However, there is no obligation that you be furnished this information if you have not paid all of your rent or if you have not given your forwarding address in writing.
15. Can I deduct my security deposit from my last month’s rent?
16. What should I do if I disagree with deductions made from my security deposit?
17. I’m buying a house. Can I get out of my lease?
18. My company is transferring me to another city. Can I get out of my lease?
19. I don’t think the property is maintained well. Can I get out of my lease?
20. I’m in the military, and I’m being transferred or deployed. Can I get
When a member of the Armed Forces terminates a lease under paragraph 23, the termination automatically terminates the lease for any spouse or dependent who may have signed it. If, at the time of signing a lease, you already knew about the change of duty station or retirement or knew that your term of enlistment would expire prior to the end of your lease term and if you failed to inform the owner of such facts prior to signing, you are liable to the owner for liquidated damages in the amount of all rent losses that the owner may incur during the remainder of the original lease term, even though you have terminated the lease under paragraph 23.
12. How can I get my security deposit refund?
ANSWER: First, give whatever written notice your lease requires. (Most leases require at least a 30-day written notice). Your security deposit cannot be kept for failure to give such notice unless the provision requiring it is underlined or in bold type in the lease.
To best assure refund of your security deposit:
To best assure refund of your security deposit:
- You must stay for the full term of your lease.
- You must give written notice of your forwarding address.
- You must not be delinquent in your rent or other sums owed when you move out.
- You must leave the premises in a clean condition and follow any other lease provisions regarding your security deposit refund.
- You cannot deduct the amount of the security deposit from your last month’s rent. If you do so, you can be sued for three times the amount of the deposit plus attorney’s fees.
- Go through your apartment or other rental property with the manager to check its condition against your “move-in” inventory checklist.
13. When should I receive my security deposit refund?
ANSWER: Within 30 days of your move-out, your security deposit or an itemized description of deductions must be mailed to you. If you don’t receive a refund or explanation postmarked within the 30-day period, you may sue for three times the amount illegally held, plus attorney’s fees and a $100 statutory penalty.
14. What can be deducted from my security deposit?
ANSWER:
- Any charge specified in the lease or any charge resulting from your breaking the lease.
- Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. “Normal wear and tear” items cannot be deducted.
- Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, animal violation charges, missing furniture or fixtures and keys you don’t return to the management.
- The reasonable cost of cleaning if you fail to properly clean before you leave. Many rental properties have written cleaning instructions for you to follow.
Any deduction must be listed in a written description and itemization mailed to you on or before 30 days after you leave. However, there is no obligation that you be furnished this information if you have not paid all of your rent or if you have not given your forwarding address in writing.
15. Can I deduct my security deposit from my last month’s rent?
ANSWER: No. You cannot deduct the amount of the security deposit from your last month’s rent. Your security deposit is not part of your rent payment. It is money paid in advance to offset any damages you cause or other non-rent amounts you owe to the property while you live there. If you deduct your security deposit from your last month’s rent, you can be sued for three times the amount of the deposit plus attorney’s fees. You may also be responsible for a reletting charge and unpaid rent.
16. What should I do if I disagree with deductions made from my security deposit?
ANSWER: You have a number of options. You should first discuss your situation with the onsite management and try to resolve any issues. If that fails, you may want to contact the management company office or the property owner to complain. You can also contact the TAA affiliated local association in the area where the property is located, for more information or referrals to other sources of assistance. You can also sue the owner for what was wrongfully withheld plus statutory penalties and attorney’s fees.
17. I’m buying a house. Can I get out of my lease?
ANSWER: There seems to be a common misperception that buying a home allows you to break your lease; that’s not true. Unless you and the property owner agreed to some special provision when the lease was signed, you will still be responsible for any charges noted in your lease if you move out early to purchase a home. Such charges may include a “reletting fee” (to cover the property’s cost of getting the apartment leased again) and the remainder of the rent through the end of your lease term, less rent received from a subsequent resident.
18. My company is transferring me to another city. Can I get out of my lease?
ANSWER: Unless you have a transfer clause in your lease that was agreed to by all parties when the lease was signed, you’ll still be responsible for any charges noted in your lease if you move early because of a job change or move. Such charges may include a “reletting fee” (to cover the property’s cost of getting the apartment leased again) and the remainder of the rent through the end of your lease term, less rent received from a subsequent resident. You may want to discuss this with your employer when you are negotiating the transfer.
19. I don’t think the property is maintained well. Can I get out of my lease?
ANSWER: Maybe, but that decision will likely be made in court. If repairs are not being made to conditions that materially affect the health and safety of the ordinary resident, and you follow the appropriate notice provisions outlined in state law, you may exercise statutory remedies that can include terminating your lease. However, you must follow the notice procedures carefully. You may want to get legal advice before trying to use these provisions in the law.
20. I’m in the military, and I’m being transferred or deployed. Can I get
out of my lease?
ANSWER: Under paragraph 23 of the TAA Lease Contract, the owner is required to allow you to move out early under certain circumstances. You may terminate your lease contract if you enlist or are drafted or commissioned into active service in the U.S. Armed Forces or are a member of the Armed Forces or reserves called to active duty AND are either:
- given change-of-station orders to permanently depart the local area;
- deployed with a military unit or as an individual in support of a military unit for 90 days or more; or
- relieved or released from active duty.
When a member of the Armed Forces terminates a lease under paragraph 23, the termination automatically terminates the lease for any spouse or dependent who may have signed it. If, at the time of signing a lease, you already knew about the change of duty station or retirement or knew that your term of enlistment would expire prior to the end of your lease term and if you failed to inform the owner of such facts prior to signing, you are liable to the owner for liquidated damages in the amount of all rent losses that the owner may incur during the remainder of the original lease term, even though you have terminated the lease under paragraph 23.
1
2
3
4
5
With three military installations in San Antonio, you’ll ...
