Legal Question in Landlord & Tenant Law in Texas

Security Deposits

Please HELP! I would like know if it is legal in the state of Texas to charge more upon move out than was given for security deposit? My deposit was $1350 and they want an additional $400. We are military, new to this state, and we had never filled out an inspection sheet before. Some of the items they are charging for were in this condition before we moved in, but because I didn't write it down they are charging us for it. My hubby deployed in Oct., we moved out in Nov. and I do not know what to do! I disputed there letter and they disputed my dispute letter.

Stumped, TX


Asked on 1/10/07, 4:05 pm

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Security Deposits

If you didn't document the conditions of the apartment when you moved in and have no other evidence such as letters requesting repairs, then it becomes a swearing match - your word against theirs. It is legal for the landlord to charge you for all damages you caused - damages above ordinary wear and tear. They cannot charge for you for conditions resulting from ordinary wear and tear.

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Answered on 1/10/07, 4:16 pm


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