Legal Question in Landlord & Tenant Law in Texas

return of deposit

Upon giving 30 day notice & vacating a rental property, the property manager returns a deposit of $125 which should have been $775, 20 days after the 30 grace periog. She attached a list of repairs she claim needed to be fixed. Two of the repairs I take fault even thought I requested to do a walk through to view the property just in case of any needed repairs I could have fixed myself. She did not call me to do the walk through. When I phoned her in regards to the matter about me not being notified to do the walk through with her she gets an attitude. So I tells her if I don't receive my remaining, I will file in Small Claim Court. She tells me do whatever and hangs up on me.

I spoke with the owner of the house today about the matter, she says she doesn't receive any money as to deposits the property manager handles all that.

I would like to know who to file against in Small Claims Court: the owner of the house or the property manager.


Asked on 4/21/05, 11:57 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: return of deposit

Only the owner may be sued for return of security deposit. The manager is the agent for the owner and, under the property code, is not liable for the security deposit.

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Answered on 4/21/05, 12:18 pm


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