Legal Question in Landlord & Tenant Law in Texas
Our landlord withheld our entire security deposit after we mopaived out and charged us for repairs for things due to the foundation settling and painting and general repairs. Is it true we can she him for 3 times the deposit if he withheld any of the deposut for normal wear and tear?
1 Answer from Attorneys
A landlord is not allowed to withhold any of a security deposit in a residential lease for normal wear and tear. A landlord who withholds a part or all of the security deposit is liable for $100 + three times the portion wrongfully withheld + the tenant's reasonable attorney's fees. The landlord has the burden of proving that the withholding of the security deposit was reasonable. For an analysis of your case, I would contact an attorney. Many attorneys provide free initial consultations.
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