Will My Security Deposit Ever Be Returned?

I moved out of my Houston rent house in June when my lease ended, left Houston in the dust, and moved to Central Texas for good. Only problem is that 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.

I moved out of my rent house a few months ago, and my landlord verbally told me that the house was in great condition and that there would be no deductions to my security deposit. Several months have passed, the security deposit has not been refunded, and now the landlord is suggesting that she will keep some of my deposit (without giving me any specific reason for doing so). Can she do that?

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. In your case, assuming you complied with your lease terms, 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. Push your landlord to return the security deposit and provide an itemized list of deductions, which will let you know whether she has improperly withheld the security deposit.

If you are interested in learning more about your rights to recover your security deposits, take a look at the following websites: www.texastenant.org and www.housing-rights.org.

This article appears in October 8 • 2010.

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