When you move out of your apartment, you probably expect to use your security deposit for other expenses. But what can you do if your landlord refuses to return it without any explanation?
Or what if the landlord adds on fees and you don’t think you owe it? This is the situation KPRC 2 viewer Shavon found herself in, and Amy Davis has the answer.
Texas Security Deposit Law
Texas has strict laws regarding security deposits that landlords must follow. Shavon moved out of her North Houston apartment in December, yet her landlord didn’t return her deposit within the legally required 30 days. Months later, the landlord claimed additional charges for cleaning.
Shavon said, “The apartment was clean, and we expected to get back our deposit. Instead, we have been charged in excess of $1,500 by the apartment claiming there were damages. We have a video that shows the apartment was clean to prove there were no damages.”
Shavon did exactly what every renter should do.
If your apartment manager refuses to do a walkthrough on move-out day, document the condition of your apartment with photos and video.
What are your rights?
Under Texas law, landlords must return the security deposit within 30 days of a tenant moving out. If they withhold any amount, they must provide an explanation. Normal wear and tear cannot be charged.
Dana Karni, a lawyer with Lone Star Legal Aid, explains: “The Texas Property Code is very, very clear that the tenant is entitled to an accounting. If the landlord wants to withhold any part of that security deposit, the tenant must send their forwarding address to the landlord.”
The process is straightforward:
- Provide your forwarding address to your landlord.
- The landlord must then send the deposit or an explanation within 30 days.
- If the landlord fails to provide an accounting, write a certified letter reminding them they are violating Texas security deposit laws.
Steps you can take if your landlord won’t refund your deposit
If a landlord still refuses to return your deposit, you may take them to small claims court. If the landlord cannot prove damages, you could receive three times the amount of your deposit plus $100.
SEE ALSO: Houston apartment renter frustrated with ongoing water bill battle
In the Houston area, you can call the Houston Apartment Association and speak with a trained consultant to help answer your questions or to file a complaint against a property owner.
Here is what the HAA website says about helping people in the community: Apartment and other rental housing residents can contact the Houston Apartment Association at 713-595-0300 to speak to a trained consultant and ask questions about renter rights, the TAA lease contract or to file a complaint against their property owner. The Houston Apartment Association provides a variety of resources to aid renters and landlords in finding an amicable, fair resolution to landlord-renter disputes.
Need Help?
We’ve provided a template letter that you can use to demand your deposit back. (Or just click on the letter below.) Just fill in the blanks and send it to your landlord.