The Common Law

Many Austinites change rental units in August, and withholding of the tenant's security deposit becomes a common problem. This week's column addresses return of security deposits from a tenant's perspective.

I'm moving into another new place this month. My security deposit has never been returned in full in all my years of renting. Is there anything I can do to help my chances of actually getting my security deposit back after my lease ends?

Yes. To increase your chances of receiving all or most of your security deposit at the end of your lease, try the following: On your move-in day, make a list of everything that is damaged, broken, not working, etc.; take photos as needed to document problematic items; report all problems to your landlord in writing; and, if possible, get your landlord to sign your list indicating the landlord's understanding that these issues existed prior to your move-in. Walk the unit with the landlord when you move out and take care of any small touch-ups as needed to ensure return of security deposit. Take photos of the unit's condition when you move out, return the keys in timely manner, and provide the landlord with your forwarding address in writing.

I moved out of an old rental house seven weeks 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.