The Common Law

I moved out of my old apartment more than 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.

I want to tell my landlord to use my security deposit as partial payment for my last month's rent because I think he may try to cheat me out of all or part of my security deposit.

Bad idea. The security deposit is designed to protect the landlord in case you damage the property. It is not intended to be a substitute for the last month's rent. Under Texas law, if a tenant uses the security deposit as the last month's rent, the landlord may be able to recover three times the amount of the rent withheld, as well as his attorney's fees, if he has to take you to court to recover the rent.

If you are interested in learning more about security deposits, take a look at the following Web sites: www.texastenant.org & www.housing-rights.org.