Texas Security Deposit
Texas Security Deposits

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Texas Security Deposits are covered under the Texas Property Code, §92.101 - §92.109, protecting the rights of renters regarding their security deposit.
Many tenants may not be aware of this law and therefore, do not receive a proper refund of their deposit. 

The law states that the landlord has 30 days after the tenant surrenders (leaves) the premises to refund the security deposit. If the tenant fulfills the lease contract, the security deposit is always refundable; a tenant can never waive their right to a refund of the security deposit. However, the landlord can keep part of the deposit if the lease states that a "redecorating fee" or a "make-ready fee" will be deducted from the deposit. If the landlord retains all or part of a security deposit, the landlord is required to give to the tenant a written description and itemized list of all deductions providing the tenant meets certain conditions. These conditions are:

1. Rent Owed? A landlord is not required to give the tenant a description and itemized list of deductions if the tenant owes rent when the tenant moves out and there is no controversy over the amount of rent owed. If the landlord claims the tenant owes rent and the tenant disputes the claim, the tenant should make a written request for the deposit which states the tenant’s position about the rent.

2. Forwarding Address. The landlord is not required to return a deposit until 30 days after the tenant moves out and only if the tenant gives the landlord the tenant's forwarding address in writing. However, the tenant does not forfeit the right to a refund of the security deposit or to receive a description of damages just because the tenant forgot to turn in a written forwarding address. Send the forwarding address certified mail, return receipt requested.

Preventative Steps to Take to Ensure a Deposit Return
A tenant must meet all of the above conditions to ensure a refund of the deposit, but meeting those conditions is not all the tenant should do. The chances of receiving return of the deposit will be increased if the following suggestions are also followed:

Move-in Inventory Inspection. When you move in your home or apartment, make a lsit and take photos f the apartment and any damage. Typically, you should do a walk through with the owner or manager prior to moving in. Get them to sign an acknowledgement of the damage and note what (if anything) will be done. This will help you when you move out.

Move-Out Notice.
A lease may require that the tenant give the landlord 30 days written notice prior to move-out in order to get the security deposit back. Texas Property Code says that advance notice of move-out can be a condition for return of the deposit if the requirement for advance notice is written into a lease and is underlined or in conspicuous bold print. Even if the lease does not require it, notify the landlord  prior to moving.

Move-out Inventory Inspection. When the tenant prepares to move, the apartment or home should be cleaned and the landlord asked to appear for a move out inspection. The tenant should fill out another inventory form, similar to the move-in inventory. Ideally, you should have a copy of the original move in form - for both your use and the landlord.

Turn in the Keys. The keys should be turned in on the exact day the tenant vacates the premises. If the keys are turned in later, the landlord may be able to charge the tenant additional rent or other charges under the lease. A tenant's actual move out date is often considered to be when the keys are turned in.

What Can the Landlord Deduct from the Security Deposit?
A landlord cannot legally deduct for normal wear and tear. This refers to deterioration which occurs during regular, daily, intended use of the rental unit, for example nail holes in the walls from pictures or paintings. See our guide.

Deductions from the Security Deposit
If the landlord makes any deductions from the deposit, a written, itemized accounting of how much is being charged for each item must be sent to the tenant. If the landlord fails to provide such an accounting within 30 days after the tenant moves out, the landlord may forfeit the right to withhold any part of the deposit. Furthermore, the deductions taken from the deposit must be for actual damages suffered by the landlord.

How to Dispute Deposit Deductions
If a tenant receives a list of deductions, it is possible to dispute items on that list. The deductions should be addressed by the tenant in a letter sent to the landlord. The demand letter should include a response to each of the deductions, explaining which charges are being disputed and why. The tenant should keep a copy of the letter and send the original by certified mail, return receipt requested.

If the tenant receives a partial refund along with the list of deductions and wants to dispute some or all of the deductions, the tenant may want to refrain from cashing the check. If the tenant must cash the check then the tenant should tell the landlord in the letter that even though the check has been cashed, it does not mean the tenant agrees with the amount of the check.

>>> READ TEXAS SECURITY DEPOSITS, PART 2 or find more with the resources below:

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.

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