Full question:
I am a tenant and I live in Texas. I was residing in a rental house for the last one year. Now, after the expiration of tenancy, my landlord is not ready to return the security deposit. Can I recover the security deposit I paid?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Texas
Answer:
Under Texas law, landlords must return a security deposit within thirty days after a tenant moves out. If the landlord withholds the deposit, they must provide an itemized list of any deductions. A landlord can require tenants to give a forwarding address for the refund, but this requirement must be clearly stated in the lease. If you do not receive your deposit or an explanation within thirty days, you can sue for three times the amount wrongfully withheld, plus attorney's fees and a $100 penalty.
Relevant laws include:
- Tex. Prop. Code § 92.103: Landlords must refund the deposit within thirty days after the tenant surrenders the premises.
- Tex. Prop. Code § 92.107: Tenants must provide a forwarding address to receive the refund, but failing to do so does not forfeit their right to the deposit.
- Tex. Prop. Code § 92.109: Landlords who retain deposits in bad faith are liable for penalties and attorney's fees.
If your landlord fails to return the deposit or provide an itemized list within thirty days, they are presumed to have acted in bad faith.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.