The Common Law
Landlord & tenant issues – security deposit issues
By Luke Ellis, Fri., Sept. 3, 2004
I moved out of my old apartment over two months ago, but my old landlord still hasn't returned my security deposit. How long can she hold on to the security deposit?
Texas law requires a landlord to refund a security deposit to a tenant by the 30th day after the tenant moves out. However, the landlord is not obligated to return a tenant's security deposit until the tenant gives the landlord a written statement of the tenant's forwarding address. In these situations, it can be helpful to send a letter, preferably via certified mail, to the landlord verifying the tenant's mailing address and informing the landlord that Texas law requires the security deposit to be returned within 30 days.
If I give a large security deposit that the landlord is going to keep during the year lease, am I entitled to get any interest back from the security deposit?
No. Texas law does not require a landlord to pay interest on a security deposit, regardless of the size of your security deposit or the length of your lease. Texas is different from many other states, which require landlords to maintain a separate account for each security deposit and/or pay interest on the security deposit.
My landlord never gave me any specific reasons for why she kept more than half of my security deposit. Can she do that?
Assuming you complied with your lease, Texas law requires your landlord to provide you with an itemized list of all deductions to your security deposit. A landlord can deduct from the security deposit the damages and charges for which the tenant is responsible, reasonable wear and tear excluded. As a general rule, a landlord who retains part of a security deposit must give the tenant an itemized list of all deductions. The one exception to this rule occurs when the tenant still owes rent upon moving out of the property and there is no controversy concerning the amount of rent owed.
If you are interested in learning more about security deposits, take a look at the following websites: www.texastenant.org & www.housing-rights.org.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
