Summer is the time of the year when most Austinites change rental units and issues concerning return of security deposits are common disputes between landlords and tenants. This week’s column addresses common disputes over security deposits.
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.
My lease says my landlord cannot deduct “normal wear and tear” from my security deposit. What is “normal wear and tear”?
Residential leases generally include a clause that allows the tenant to avoid responsibility for damages to the rental property if the damage can be considered “normal or reasonable wear and tear.” Texas law defines “normal wear and tear” as deterioration that results from the intended use of a dwelling, including breaking or malfunction due to age or deteriorated condition. Alternatively, “normal wear and tear” does not include deterioration to the rental property that results from negligence, carelessness, accident, or abuse of the premises by the tenant.
From a practical standpoint, this means that the tenant will not be responsible for things that wear out due to normal and expected usage but will be liable for a negligent or careless act that causes damage. For example, a tenant should not be responsible for paying to replace living room carpet that has become worn due to normal traffic. But, the same tenant could be responsible for paying to replace the carpet if the tenant caused it unnecessary permanent damage (insert any number of possibilities like spilling paint on the carpet, tearing the carpet while moving furniture, etc.).
This article appears in August 1 • 2008.