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:
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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:
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