Legal Question in Landlord & Tenant Law in Texas

Deposit Problem

What can I do about a management company that will not return my deposit? I moved from my apartment May 10, 2003. I was informed my deposit would be fully returned. Every week I called, and was told the checks had been mailed. Recently, I called and the on-site manager, who said many people were having trouble getting their deposits, gave me the number of the accounts payable in the main office. This person told me the checks were mailed out the day before. That was more than a week ago. I live in the same state and I know the mail does not take that long. While I was a tenant, the ownership of the property changed. I do not know the name of the old owners, but the new owners are not very helpful. I am writing this July, 29 2003.


Asked on 7/29/03, 10:28 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Deposit Problem

Generally speaking, a landlord has thirty days to return a security deposit or an accounting of how the deposit has been applied from the time the tenant vacates the property. However, the thirty days does not start running until the tenant has given written notice of their forwarding address. Also assuming you left with all rent paid. If all those requirements met, if landlord does not return deposit within thirty days, landlord has waived right to make any deductions and is presumed to have acted in bad faith, subjecting them to a penalty of $100 plus three times the amount of the security deposit withheld, attorney fees and court costs. You may need to file suit.

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Answered on 7/29/03, 10:39 pm


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