Legal Question in Landlord & Tenant Law in Texas

You need to contact a consumer law attorney. There are strict rules governing security deposits.

The following is an excerpt from the Tenant's Rights Handbook at the State Bar of Texas. You can download the entire handbook directly from the website:

SECURITY DEPOSITS

The landlord can only deduct damages and charges from the security

deposit for which you are legally liable under the lease agreement, or for

physical damage to the property for which you are responsible. Your

landlord cannot retain part of your security deposit to cover normal

wear and tear. Normal wear and tear means deterioration or damage

that occurs based upon the normal, intended use of the premises and

not due to your negligence, carelessness, accident, or abuse. For example,

the landlord cannot withhold part of your security deposit for worn

carpet, small nail holes, scratches on the sink or countertops, or

fingerprints on the walls. A landlord may be able to deduct for large,

permanent stains on the carpet and pen marks on the walls caused by

you or your guests. Even in these cases, the landlord may not be entitled

to replace all of the carpet or paint the entire house at your expense.

Landlord Must Refund or Explain Within 30 Days

Your security deposit must be refunded to you within 30 days after you

move out of the apartment or house, provided that you give a written

forwarding address to your landlord. You can give your forwarding

address at any time; however, the landlord�s duty to refund does not

exist until you do so. If your landlord has cause to retain all or a portion

of your security deposit, the landlord must provide you with a refund

of the balance of the security deposit, if any, together with a written

description and itemized list of all deductions within 30 days of your

move out (or within 30 days of your giving her your forwarding address

in writing).

A landlord is presumed to have refunded a security deposit or provided

you with an itemized description of the security deposit deductions if

on or before the thirtieth day from your move-out, the refund or

itemization is placed in the United States mail and postmarked on or

before the thirtieth day. If a landlord who has the tenant�s forwarding

address fails either to return the security deposit or to provide a written

list of deductions on or before the thirtieth day after the tenant moves

out, then the landlord is presumed to have acted in bad faith. If your

landlord retains all or part of your security deposit in bad faith, you

may sue her and recover $100 plus three times the amount of the

security deposit that was wrongfully withheld, plus attorney�s fees and

court costs. If your landlord, in bad faith, fails to provide a written

description and itemized list of damages and charges to you for a portion

of your security deposit that has been withheld, she has forfeited all

rights to withhold any portion of the security deposit or to bring suit

against you for damages to the premises. Tenants who wish to sue for

their deposits can do so fairly easily without an attorney in a Justice

of the Peace Court. In these courts, you can be awarded up to $10,000

plus court costs. Contact a lawyer or your local tenant association for

tips on suing in a Justice of the Peace Court.

Exceptions and Miscellaneous

The landlord is required by law to keep accurate records of all security

deposits; however, the landlord is not obligated to keep the funds in

a separate account. The landlord is also not required to pay interest

on the security deposit. The landlord is not required to furnish a

description or itemized list of deductions, as described above, if any

rent is due and unpaid at the time you move out and there was no

dispute that the rent was due. If the lease requires you to give advance

notice of termination, you should do so. However, advance notice of

termination may not be a condition for a refund of your security

deposit unless the requirement of advance notice is underlined or

printed in conspicuous, bold print in the lease agreement. Even if

you fail to give notice, as specified in the lease, and the provision is

signed and underlined, the landlord may have to show how she was

damaged by your failure to give advanced written notice before she

can keep the deposit. If the house or apartment is sold or otherwise

transferred to a new owner, the new owner is responsible for returning

the deposit unless the new owner purchased the property at a foreclosure

sale. In this case, the old owner remains responsible for the

security deposit unless the new owner gives a written notice to you

stating that she is responsible for the deposit.