Legal Question in Landlord & Tenant Law in Texas

Deducting from sceurity deposit

We recently ended our residential lease agreement because my husband joined the army and we had to relocate. $500 was deducted from our security deposit for the following reasons: reconnection of water and electricity for the new tenants, new lock for the new tenants, additional pet deposit although we only had our pets there for one month and informed the landlord, misc. repairs that were not mentioned during the final walk through. Can we be charged for these thing?


Asked on 4/29/03, 5:34 pm

2 Answers from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Deducting from sceurity deposit

The landlord can only retain a secrity deposit for damges and charges for which you are legally liable under the lease or damges from breaching the lease. The landlord may not retain any portion of the secruity deposit to cover normal wear and tear. If the landlord retains a ortion of the security deposit in bad faith you may recover from him $100.00 plus 3 times the wrongfully retained amount, plus your attorneys fees. If you did not breach the lease it sounds to me like you are entitled to your $500.00. Call if you wish to discuss. Larry Maun 713.266.2560

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Answered on 4/29/03, 5:50 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Deducting from sceurity deposit

According to the Texas Property Code, a tenant has the right to receive the security deposit, or balance thereof with a list of itemized deductions on or before the 30th day from vacating the dwelling, provided the tenant gave the landlord written notice of the forwarding address for the refund of deposit. For more information you can also go to www.tenant.net and review the Texas Tenant Advisor.

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Answered on 4/29/03, 7:27 pm


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