Legal Question in Real Estate Law in Texas

Deposit not returned

I leased from my landlord for 5 yrs. I gave 30 day notice. We met for walk through and she did not go over anything she might charge against my deposit. She had 30 days to give that to me. Well it was 32 days and she has remodeled the house and charged all of it against my deposit. Can I win if I take her to Court? She also had termites when I moved in and did not continue the treatments and they caused damage of which I notified her of 3 times. Can she charge that damage to me?


Asked on 10/08/01, 8:51 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Deposit not returned

The security deposit must be returned within 30 days. If the Landlord keeps a portion of the security deposit you must be given an accounting of the amount withheld. No amount may be withheld for normal wear and tear. If the landlord does not comply you are entitled to recover $100.00, plus 3 times the amount of deposit wrongfully withheld, plus attorneys fees. You may pursue this yourself in small claims court, or retain an attorney who should be able to recover attorney fees is deposit was wrongfully withheld. Larry Maun 713.266.2560

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Answered on 11/21/01, 3:39 pm


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