Legal Question in Landlord & Tenant Law in Texas
Delinquent Security Deposit
Prior to our lease termination, the management of our apartment was transferred. We are currently past the 30 day statute for receiving our security deposit. Who is responsible for refunding our deposit and what action do we take since it is delinquent? Is there a penalty since it is late?
1 Answer from Attorneys
Re: Delinquent Security Deposit
The thirty day limit for the return of the security deposit does not start running until the landlord has written notice of the tenant's forwarding address. If you can prove they have your forwarding address, once the thirty days passes, they no longer have the right to make any deductions and are presumed to be acting in bad faith, allowing for the recovery of $100 plus three time the amount of the security deposit withheld, attorney fees & court costs.
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