Tenant suing for security deposit (leasing, good credit, house)

[texlandlord20]

My former tenants are suing for $1200 security deposit and $500 pet deposit after breaking lease 2 months early. They informed me two weeks before the end of the month they had applied and been accepted at another property and would move only if it was Ok. They obviously were planning to do so either way so I met with a couple they said had good credit and was I interested in signing a new lease and put down an additional deposit. They cleaned the house and new tenant moved in. I send them a letter containing the section of the lease that states entire security deposit is forfeited if lease is violated, which it was by them moving out 2 months early. One month later I am being sued. They clearly forfeited the deposit by breaking the lease correct?

[Rakin]

You agreed to them moving out and you found a new tenant.
If so, Don't you think the right thing to do is give them their money back?

You could probably win the case. They also did not give you your 30 day notice in writing if that's what is required.

Have you really been damaged ?

[richard88]

It seems like your lease contract already stated the move-out early termination penalty clause is forfeit security deposit.

[ITguy1981]

you found a tenant early, you were okay with them moving out, why keep the deposit?

[jennifw]

Originally Posted by ITguy1981

you found a tenant early, you were okay with them moving out, why keep the deposit?

this.

[MckinneyOwnr]

While you are entitled to keep the security deposit due to the wording in the lease, a pet deposit is not considered part of a security deposit. So there's $500 you owe them right there.

It sounds to me that since they talked to you about moving out early if you were "ok" with it, you were giving them permission to do so with no harm done. That includes returning their deposit. From the sound of things, I bet if you had reminded them that breaking the lease early would lead to forfeiture of their deposit, they wouldn't have moved out. They even got you a new tenant so you wouldn't lose any rental income!

You need to return their money, pronto.

[metroxian]

Originally Posted by ITguy1981

you found a tenant early, you were okay with them moving out, why keep the deposit?

Finder's fee? What good is an agreement if the persons making the commitment don't fulfill their promise?

[WorldKlas]

Security deposit is the Landlords' protection to cover unpaid rent. You were not harmed so do the right thing and return it. I have been a Landlord for 30 years and would not withhold this money.

[richard88]

With the new tenant coming in, do you have to paid realtor (your side & tenant's side) any leasing fees ?

[texlandlord20]

I never agreed in writing that they could leave, although I did accept the people they found. I felt forced into it though because they would most likely leave regardless, not pay rent at two properties. They originally demanded an itemized list of damages and I only sent them a copy of the lease highlighting the section about breaking the lease and forfeiture of the deposit. Is pet deposit not considered part of the security deposit? I do not have a realtor and did not suffer any damages or lose money, but I feel they did not complete their contract which was very clear.