Leasing Deposits: the Landlord?s Rights and Responsibility
When you rent or lease an apartment or office complex, you are required to give a leasing or security deposit. The amount varies but is often one month’s or a portion of one month’s rent. When you move out, you should be fully reimbursed the security deposit and not have to pester your landlord for the money, as it is his responsibility and legal duty to return the check to you. However, there are certain situations, in Texas, in which you may not receive all of your security deposit back. They are outlined in the Texas Property Code from section 92.101 through 92.109.
The first situation arises if rent is owed. At that point the landlord may withhold the security deposit without having to provide an itemized list of reasons why the tenant is not being fully reimbursed. If rent is not owed and money is withheld, the landlord an itemized list of deductions. These deductions typically fall under the pretense of a “redecorating” or “make-ready” free and include costs for painting and spackling, carpeting, cleaning, repairs and other tasks that were the responsibility of the tenant during occupancy. They may not, however, include any deductions for normal wear and tear of an apartment or office space.
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The second situation in which a security deposit is not returned occurs when the tenant does not leave a forwarding address. Under the Texas Property Code, a landlord does not have to return the security deposit until 30 days after the tenant has vacated the property. If the tenant has not left a forwarding address, the landlord is under no obligation to seek it out. However, should the tenant mail in a forwarding address, via certified mail, the landlord’s responsibility is rekindled and the tenant must receive the security deposit.
Should the tenant not receive the security deposit, or not receive all of the security deposit and feel the deductions are unwarranted, he may dispute the withholding. To do this the tenant should first send a demand letter to the landlord outlining the reasons for the dispute. The letter should be sent via certified mail with a request for a return receipt and be copied for the tenant’s records. If the landlord does not contact the tenant and settle the dispute, court action may be warranted.
However, this process can be long and taxing. Thus, it would be best to avoid deductions from your security deposit entirely. To do this, take several steps upon moving in and when moving out to protect yourself. Start by making a move-in inventory. Document everything that is there, everything that is wrong and everything that may require attention. Take photos of problem areas. Give a copy of this list and the photos to your landlord and have him sign a document stating he has received the information. Further, make sure you are prompt and on time with all of the necessary steps in moving out. Give notice of your departure within the amount of time outlined in your lease and turn in your keys on the exact day they are due. Do not give your landlord any reason to make cuts to your deposit.
A security deposit is just that – something that secures guarantees you will take proper care of your apartment or office. Provided you do, you legally have the right to receive that money back. Be sure you get it.
Source: http://www.rentlaw.com/dep/txdeposit.htm and http://law.onecle.com/texas/property/92.104.00.html
Joe Cline is a freelance writer who frequently contributes and comments on legal issues. Learn more by visiting The Cronfel Firm website. Guillermo Ochoa-Cronfel is the principle of The Cronfel Firm and specializes in judgement liquidation Austin