What can I do if my entire deposit was not returned without explaination?
Full Question:
We recently rented a house in Lantana, TX for 8 months. We had a walk through with the landlord and gave him a list of things wrong with property which listed that the carpet was not clean at move-in. Upon moving out on March 29th, we again had another walk through to which the landlord stated that "I owe you money" as the house was clean with no damages The lease states he has 45 days to return our deposit. He did in fact return $1100.00 (out of 1250.00 - $500.00 Security and $750.00 Pet Deposit) without giving us any explanation for the $150.00 deduction. I did send an e-mail asking why there was a discrepancy to which he stated it was a "hold over" for treatment of pet dander. Our lease does not include any non-refundable amounts in either the Security Deposit or Pet Deposit. To this date I have not received a list of charges or a receipt for the treatment of pet dander. What can I do, if anything to get the $150.00 back?
05/10/2007 |
Category: Landlord Ten... ยป Security Dep... |
State: Texas |
#4404
Answer:
The applicable Texas statutes are as follows:
Obligation to Refund:
(a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
(b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.
(c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Title 8, Ch. 92, § 92.103
Conditions for Retention of Security Deposit or Rent Prepayment:
(a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if:
(1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or
(2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease.
(b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either:
(1) a sum agreed to in the lease as a lease cancellation fee; or
(2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. Title 8, Ch. 92, § 92.1031
Retention of Security Deposit; Accounting:
(a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
(b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if:
(1) the tenant owes rent when he surrenders possession of the premises; and
(2) there is no controversy concerning the amount of rent owed. Title 8, Ch. 92, § 92.104
Presumption of Refund or Accounting:
A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Title 8, Ch. 92, § 92.1041
Cessation of Owner's Interest:
(a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired, regardless of whether notice is given to the tenant under Subsection (b) of this section.
(b) The person who no longer owns an interest in the rental premises remains liable for a security deposit received while the person was the owner until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.
(c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. Title 8, Ch. 92, § 92.105
Records:
The landlord shall keep accurate records of all security deposits. Title 8, Ch. 92, § 92.106
Tenant's Forwarding Address:
(a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.
(b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. Title 8, Ch. 92, § 92.107
Liability for Withholding Last Month's Rent:
(a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent.
(b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. Title 8, Ch. 92, § 92.108
Liability of Landlord:
(a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. Title 8, Ch. 92, § 92.109
