We love it when we can return 100% of a resident’s security deposit.
Proper notice means you provide a written letter (not email) with a signature stating:
A proper 30 day notice is a notice that coincides with the expiration date of your lease agreement.
If there is no date of when you will surrender the property then we do not have proper notice.
Moving out or turning your keys in early does not release you from your obligations under the lease agreement including; yard care, utilities and paying the rent until the end of your lease agreement.
Most leases require you to pay for the full term of the lease even if you leave early. Please read your lease for the exceptions. The specific requirements of the exceptions may change as the laws change, but the exceptions are generally:
If you do not qualify under these exceptions then expect to pay the full term of your lease and all other obligations including utilities, lawn care, re-letting fees, other maintenance expenses or any other obligations in your lease. All outstanding balances are reported to collections and you may be liable for all expenses related to collecting any past due debts.
The lease requires you to do more then just pay your rent, so if the landlord has to pay to have someone do something you were required to do, then you must reimburse the landlord. The landlord cannot charge you for expenses related to “normal wear and tear”. Normal wear and tear is measured against 1) how long should a thing normally last and 2) what was the intended use. Example:, a privacy fence is intended to provide privacy, it is not intended to be a chew toy for a dog. Even if it is “normal” for your dog to chew a fence, you would be charged to repair any damage caused by the dog because the fence was used for something other than it’s intended use. Also, as a tenant you are responsible for anything caused by negligence, carelessness, accident or abuse. This responsibility is yours even if you did not cause the damage. Please remember there is a difference between fault and responsibility. If you rent a car and some stranger dings the door in a parking lot, the damage was not your fault but you are responsible for the cost to repair even if you were not around when the stranger dinged the door. The most common deductions are for:
Remember your obligations are to reimburse the landlord for the damages they suffer and damages are generally any bills the landlord pays to make things right.
Liberty Management understands that from time to time a resident may have extenuating circumstances which may prevent them from fulfilling the terms of their lease agreement. Fortunately the Texas Association of Realtors Residential Lease agreement contains a provision just for these circumstances.
Your residential lease contract has two options for you to choose from. Paragraph 28 of the Texas Association of Realtors Residential Lease Agreement contains a clause allowing the early termination of the lease by following the steps listed. Once these steps are completed and the property is released and the home is turned over in good condition, the existing lease is terminated early and all deposits can be refunded in accordance with the lease contract.
Early Termination Paragraph 28 B (4) (a) If Tenant procures the assignee, subtenant, or replacement tenant. The following items are required for the early termination process to begin.
Early Termination Paragraph 28 B (4)(b) If Landlord procures the assignee, subtenant or replacement tenant:
Please communicate with Liberty Management to determine the rental rate. Do not assume that your current rental rates will the same for the replacement tenant. Under no circumstances do we allow subletting without our consent.
It is also important that you vacate the property in accordance with your lease contract. You are responsible for all rent payments, utilities (must remain on), yard maintenance, cleaning, upkeep of the home and all other obligations under your lease contract until the new tenants lease begins or your current lease expires.
Once the above terms and conditions are met and the home is turned over in good condition, your existing lease contract will be terminated. All deposits will be refunded in accordance with your lease contract. The deposit refund will be determined once you have vacated the home and it has been inspected. Fees will be assessed if the home is left dirty or if there are damages to the home. Any necessary move out charges for cleaning or damage will still apply.
For more details please view the Early Termination forms on our website.
The lease requires you to do more then just pay your rent, so if the landlord has to pay to have someone do something you were required to do, then you must reimburse the landlord. The landlord cannot charge you for expenses related to “normal wear and tear”. Normal wear and tear is measured against 1) how long should a thing normally last and 2) what was the intended use. Example:, a privacy fence is intended to provide privacy, it is not intended to be a chew toy for a dog. Even if it is “normal” for your dog to chew a fence, you would be charged to repair any damage caused by the dog because the fence was used for something other than it’s intended use. Also, as a tenant you are responsible for anything caused by negligence, carelessness, accident or abuse. This responsibility is yours even if you did not cause the damage. Please remember there is a difference between fault and responsibility. If you rent a car and some stranger dings the door in a parking lot, the damage was not your fault but you are responsible for the cost to repair even if you were not around when the stranger dinged the door. The most common deductions are for:
The landlord has no incentive to “keep” your deposit. It is generally illegal for a landlord to keep your deposit if you leave with rent paid in full, you have provided proper notice at the end of your lease, and you have provided a forwarding address. The landlord can only use your deposit to cover expenses due to property damage. If you are assessed a fee to replace a garage door remote the landlord doesn’t get to keep anything, he is only being reimbursed from the money he paid the service company for the replacement.
Liberty Management does not get to keep your deposit. Your lease is between you and your landlord and any deductions are to reimburse your landlord. The deposit is held in a trust account so that it’s available to be repaid to you or to reimburse the landlord for unfulfilled lease obligations after you leave the property. Also, we have a legal obligation to be fair to you, but more importantly we cannot legally represent someone who is trying to cheat you out of a deposit refund you should receive. If a landlord tries to cheat you then you can call us as a witness on your behalf.
A physical survey is completed after you leave the property and an average of 250 photographs are taken to complete the records. The survey results are compared with the condition of the property when you moved in as noted in the move-in condition form you completed when you took possession of the house. Any landlord make ready expenses are reviewed to determine if they qualify for reimbursement.
We will conduct a final move-out inspection after all furnishings have been removed and all CLEANING accomplished and the keys are turned in to Liberty Management, to document the condition that you leave the property. We will send out a photographer to do move-out pictures. He/She will not be able to tell you what charges will or will not be charged against your security deposit. The property manager will compare the move-in pictures with the move-out pictures and with your move-in check list and the reports from the maintenance personnel after you move-out to determine if will be are any charges against your security deposit. We do not do move out inspections with tenants present at the property. Remember the photographer will only take move-out pictures. He/She will not be able to tell you what charges will or will not be charged against you security deposit. They are only there to document the condition of the property.
According to the terms of your lease, Liberty Management has 30 days to return your security deposit. Security deposits will be mailed to the forwarding address left with the office within 30 days after the move-out inspection. Refunds cannot be picked up at the office.
Unfortunately errors can occur. In spite of every effort to be correct 100% all of the time we have had errors. If you find an error in your deposit accounting please send an email to info@tdrpgmt.com You will receive a confirmation email back within two days telling you we have received your issue and that we will research and resolve ASAP. It normally takes 10-15 work days to complete the review and we may need to ask you additional questions while we do our research. When you send in your issue please include all relevant information including good phone numbers to contact you!
Please list the item where you feel there was an error, then list the reason why you should not have been assessed an expense. Please remember that mistakes can happen. An example is when a cleaning for a house number 3110 was incorrectly entered into our system as 3001. You may have lived in 3001 and left it immaculate, only to find a cleaning bill charged against your account. If you simply ask us to review our photo’s and notes then we will be able to find the error and send you your additional reimbursement ASAP. Or if you paid a professional cleaner to clean the house at your departure send a copy of the receipt.
There are many reasons, including the fact that we are nice guys and it makes our lives easier. The most compelling reason is we have a legal responsibility to watch out for the landlord’s pocketbook. Even if a landlord is totally reimbursed for any expenses from a deposit, it harms the owner as it is more difficult to locate a new tenant when a house does not look it’s best.
Some of our happier moments in the day are when we get to call an owner and explain that their tenant fulfilled their lease, moved out and left the place ready for the next person with no additional work! This also means we get to call the tenant and say thank you for taking such good care of the home and look for a big check in the mail! This scenario also means much less work for us at Liberty Management, so we can focus on solving real problems like getting repairs done faster or better.
Please read your lease for a complete list of everything you may be responsible for and download our Move-Out Checklist, which includes detailed information on preparing the residence for your departure.