Full question:
We recently rented a house in Lantana, TX for 8 months. We had a walk through with the landlord and gave him a list of things wrong with property which listed that the carpet was not clean at move-in. Upon moving out on March 29th, we again had another walk through to which the landlord stated that "I owe you money" as the house was clean with no damages The lease states he has 45 days to return our deposit. He did in fact return $1100.00 (out of 1250.00 - $500.00 Security and $750.00 Pet Deposit) without giving us any explanation for the $150.00 deduction. I did send an e-mail asking why there was a discrepancy to which he stated it was a "hold over" for treatment of pet dander. Our lease does not include any non-refundable amounts in either the Security Deposit or Pet Deposit. To this date I have not received a list of charges or a receipt for the treatment of pet dander. What can I do, if anything to get the $150.00 back?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Texas
Answer:
Under Texas law, landlords must return security deposits within 30 days after a tenant moves out (Tex. Prop. Code § 92.103). If a landlord retains part of the deposit, they must provide a written description and itemized list of deductions. In your case, the landlord deducted $150 without providing an explanation or documentation for the pet dander treatment.
Since your lease does not mention any non-refundable fees, the landlord's deduction may not be justified. You should formally request a detailed account of the charges and any receipts for the treatment. If the landlord fails to provide this information, they may be acting in bad faith.
If you believe the landlord is unlawfully withholding your deposit, you can pursue legal action. Texas law allows tenants to recover the wrongfully withheld amount, plus damages and attorney’s fees if the court finds the landlord acted in bad faith (Tex. Prop. Code § 92.108). Consider consulting with a legal professional to discuss your options and potential next steps.
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.