In the Residential Lease (TXR 2001), tenants agree to leave the rental property in a clean condition free of all trash, debris, and any personal property.
If tenants leave behind personal property, the Residential Lease gives landlords a few options for what to do with it. The landlord may dispose of personal property in the trash or a landfill, give the personal property to a charitable organization, or store and sell the personal property by following procedures in §54.045(b)-(e) of the Property Code.
Tenants must reimburse all reasonable costs incurred by the landlord for packing, removing, storing, and selling the personal property they left behind. The Residential Lease authorizes the landlord to deduct reasonable charges from the tenants’ security deposit.
You can continue to claim a depreciation deduction for property that’s temporarily “idle” or not in use.
My daughter was told by a leasing agent that when she moves out of her apartment, she could not be present during the final walk-thru. Is this true? What recourse does she have if she is charged a fee or security deposit is not returned? What can she do to protect herself?
The Residential Lease authorizes the landlord to deduct reasonable charges from the tenants’ security deposit.
What if the potential costs exceed the deposit?
The landlord is attempting to withhold the security deposit and charge more for damages that I photographed prior to moving in which were pre-existing. He never made repairs. He is also charging me for trash removal that contractors left behind. What can I do to get my deposit back?