https://texas.public.law/statutes/tex._prop._code_section_92.104. Check availability now! Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. 7, 2021). (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. 92.0131. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. For example: Your landlord kept your entire $2,500 security deposit. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. However, if you lived in an apartment for less than a year and there is a huge red stain on the rug or a three-inch hole on the wall, this may be more than simple wear and tear. GENERAL PROVISIONS Sec. A copy of the security deposit receipt should be shared with the tenant within 30 days of receiving the deposit. The tenant may not withhold payment of any portion of the last months rent on grounds that the security deposit is security for unpaid rent. 807 (H.B. Section 92.102 of the Texas Property Code defines security deposit: Section 92.351 defines application deposit: This differs from the application fee, whichthe same section also defines: Tenants often ask if the landlord must give back the security deposit they were given at the beginning of the lease. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. Added by Acts 1989, 71st Leg., ch. 2, eff. 92.109. 92.102 Security Deposit A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. Wondering what you can do to get your security deposit back from a landlord in Texas? The eviction process, a tenant's rights during an eviction, and appealing an eviction, Security Deposits Landlords in Arizona can't require that tenants pay more than one and a half month's rent as a security deposit, but a tenant can voluntarily pay more. Non-refundable Fees Does the state of Texas allow non-refundable fees? (2) to give the tenant more than three days' notice to vacate before filing the suit. Has your landlord failed to return your security deposit? If your landlord has multiple units that they rent, list the address of your rental unit and the dates you rented so there is no confusion. We will always provide free access to the current law. A security deposit is money paid in advance by the tenant to the landlord to cover potential property damage. The Texas Property Code governs security deposits. How are we doing? Added by Acts 1989, 71st Leg., ch. OBLIGATION TO REFUND SECURITY DEPOSIT. Filing fees are typically $54 but may vary depending on your local Justice Court. Valid reasons for security deposit deductions under Texas landlord tenant law Tex. The Housing Crisis Center provides many different programs for residential tenants aimed at preventing homelessness including a hotline and legal clinics. Note The 88th Regular Legislative Session begins on January 10th, 2023. Not paying any part of the last months rent can make a tenant liable to the landlord for three times the amount of rent not paid. If a tenant who paid a security deposit to a landlord believes that it is being withheld in bad faith, the tenant has a few options. For example, if your landlord doesnt return your security deposit within 30 days as per Texas security deposit law, you could write them a demand letter requesting the return of your security deposit. RECORDS. (b) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. This includes stains, large or deep scratches, and water damage. Below youll find a comprehensive guide that goes over everything you need to know about Texas security deposit law, Texas Property Code Sections 92.101- 92.111, and how you can get your security deposit back. paying a fee in lieu of a security deposit, the landlord shall . A landlord can be held liable for $100, three times the amount of the deposit which is wrongfully withheld, reasonable attorneys fees, and court costs if the tenant can show the landlord acted in bad faith.. 3 bedroom, 2 bathroom, and 2-car garage house for rent! Added by Acts 2017, 85th Leg., R.S., Ch. 44, Sec. Contact them for additional information. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. An example of some of these liabilities include if a tenant owes rent, caused property damage, or if renters . The penalties for not returning the deposit as required by law. (b) The person who no longer owns an interest in the rental premises remains liable for a security deposit received while the person was the owner until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. Your landlord doesnt provide a written description and itemized list of damages even though they know they are required to, and you have asked for one on multiple occasions. Original Source: 1143, Sec. It may be time to file a small claims lawsuit against your landlord in Justice Court. (e) A landlord may remove and store any property of a tenant that remains on premises that are abandoned. If you have lived in an apartment for several years and the carpet got dirty, this is normal wear and tear. The landlord is not obligated to return a tenants security deposituntil the tenant gives the landlord a written statement of the tenants forwarding address. This page from the Texas Attorney General provides information on tenant rights including peace and quiet, health and safety, security, and what to do if you have problems. This article provides a general overview. [14]However, a written list of deductions is not required if the tenant owes rent and there is no controversy over the amount owed. For example: Your landlord kept your entire $3,000 security deposit. Texas Security Deposit Laws A landlord can require their tenant to pay a security deposit before lease signing. Can the Landlord Charge a Cleaning Fee in Texas? However, some Texas Justice Courts provide a form that may be filled out if you arent able to afford court costs. 1460, Sec. 92.103(b) discusses this: A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.. The writ of reentry must notify the landlord of the right to a hearing. Breaking or Terminating a Lease Early. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. This guide is also available in. Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Section 92.104 also states that a landlord may not retain any portion of a security deposit to cover normal wear and tear. Section 92.001(4) defines normal wear and tear: "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage and thus, chargeable to the tenant. Sept. 1, 2003. Has your landlord failed to return your security deposit? 3 Beds, 2 Baths, 2,132 Square Feet for rent for $4,600 - SORRY, NO PETS. Retention of Security Deposit; Accounting on Westlaw. Sec. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. As stated previously, a landlord may condition the return of a security deposit on a tenants advanced notice. Read this complete Texas Property Code - PROP 92.104. The Texas landlord-tenant laws cover the rights and obligations that both landlords and tenants have with regard to a rental agreement, following the Texas Property Code (Ann. 2. What is Considered Normal Wear & Tear vs Damage in Texas? The tenant may recover up to three times the amount wrongfully withheld, plus $100 and reasonable attorney's fees if the security deposit is retained by the landlord in bad faith. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of commercial rental property. The landlord shall keep accurate records of all security deposits. 687, Sec. Sept. 1, 1989. Section 92.111, Property Code, as added by this Act, applies only to a lease entered into or renewed on or after the effective date of this Act. LANDLORD AND TENANT CHAPTER 92. Tenants possess a bevy of rights under Texas law. The Texas Tenants' Union in Dallas provides free weekly tenants' rights workshops, organizing assistance, counseling, training, and referrals. Mold,pests, bedbugs,utility shutoffs, and landlord retaliation, Evictions along with a $1,800 security deposit . (last accessed Jun. People Clerk does not sell your information to third parties. Cell phone needed as all follow up and codes will be sent via text message. Effective September 1, 2021, state law allows landlords to give their tenants the option to pay a monthly fee with their rent instead of paying a security deposit. For example, if the tenant does decide to pay a fee instead of a security deposit, an agreement to collect the fee must be in writing and signed by the landlord or their legal representative and by the tenant. 1, eff. for non-profit, educational, and government users. Our website provides more information about the process offiling a dispute in Small Claims Court. (b) A tenant who violates this section is presumed to have acted in bad faith. There are a few stipulations that allow you to keep the security deposit regardless of this. This chapter provides the specific requirements the landlord and the tenant must comply concerning the security deposit. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. 7031 Koll Center Pkwy, Pleasanton, CA 94566 Does Texas law limit how much a landlord can charge a tenant for a security deposit? Sept. 1, 2003. Texas law does not impose a duty on landlords to put these . Sept. 1, 1993. Sec. If you still have no deposit or no itemization well after 30 days, the Texas Property Code considers such a withholding of the deposit to be in "bad faith" (Section 92.109 (d)). The Austin Tenants Council explains normal wear and tear can refer todeterioration which occurs during regular, daily, intended use of the rental unit, for example nail holes in the walls from pictures or paintings. (2) no controversy exists concerning the amount of rent owed. According to the Texas Property Code (Ann. Before a tenant files suit, the Austin Tenants Council recommends sending a refund demand letter to the landlord. Texas Security Deposit Limit Under Texas law, no maximum limit is set for the collection of a security deposit. This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease, the landlord and the tenant may not retain the security deposit or rent prepayment ifthe tenantlandlord secures a replacement tenant satisfactory to the landlord. (a) Notwithstanding a provision in a lease to the contrary, a tenant's right of possession terminates and the landlord has a right to recover possession of the leased premises if the tenant is using the premises or allowing the premises to be used for the purposes of prostitution as described by Section 43.02, Penal Code, solicitation of prostitution as described by Section 43.021, Penal Code, promotion of prostitution as described by Section 43.03, Penal Code, aggravated promotion of prostitution as described by Section 43.04, Penal Code, compelling prostitution as described by Section 43.05, Penal Code, or trafficking of persons as described by Section 20A.02, Penal Code. Amended by Acts 2003, 78th Leg., ch. If the cost of damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant. December 30, 2022 This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information. Normal wear includes minor scrapes from daily use, fading due to sunlight, or minor cracks in the original paint. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. Sec. (b) For purposes of this chapter, "commercial rental property" means rental property that is not covered by Chapter 92. Added by Acts 1989, 71st Leg., ch. There are no rent control laws in Texas. (h) A lease supersedes this section to the extent of any conflict. The most important thing you can do is to follow state lawly when you return security deposits Normal wear and teardoes not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenants household, or by a guest or invitee of the tenant. Acts 2021, 87th Leg., R.S., Ch. Sec. With that being said, most Texas landlords have their tenants pay the equivalent of one to two months' rent as a security deposit. Join thousands of people who receive monthly site updates. People Clerk can only provide self-help services at your direction. Courtam, Inc dba People Clerk is not an attorney or a law firm, therefore, People Clerk does not provide legal advice. Under Texas law, landlords must provide the tenant with a written notice within 30 days of collecting their security deposit. Floor plans starting at $1165. TexasLawHelp.org answers frequently asked questions about rental application fees. The security deposit would be a maximum of $1,500 if the monthly rent was $1,000one month's rent ($1,000) plus one-half month's rent ($500). (f) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or agent must place a written notice on the tenant's front door stating the name and the address or telephone number of the individual or company from which the new key may be obtained. . Sec. A tenant, who in bad faith violates this section is liable to the landlord for an amount equal to three, times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit. Yes, in Texas, landlordscan chargefor painting, but only if the tenant causes damage, rather than normal wear to the paint, or if the tenant repaints the wall but is not permitted to do so under the lease agreement. General Provisions Section 92.014. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and (2) sign a statement authorizing the landlord in the event of the tenant's death to: Why are you owed your full security deposit or a portion of the security deposit? increasing citizen access. We make no warranties or . Normal wear and tear means deterioration that results from the intended use of a dwelling, includingbreakage or malfunction due to age or deteriorated condition. Under this law, the landlord can choose to purchase insurance to protect the rental with the monthly fee. Your landlord stopped answering any communications you sent them about your security deposit. Please see the Eviction pageon the COVID-19 & Texas Law research guidefor current information related to COVID-19 and landlord/tenant issues. 92.104. What is your forwarding address? Every landlord's legal guide [electronic resource], Every tenant's legal guide [electronic resource], Landlords and tenants guide [electronic resource], Leases & rental agreements [electronic resource], https://guides.sll.texas.gov/landlord-tenant-law, State Bar of Texas Lawyer Referral Service, Landlords and Tenants Guide for Manufactured Home Communities [PDF], Overview of Landlord-Tenant Laws in Texas, Your Rights When You Havent Paid Your Rent, Landlord/Tenant e-books in our Digital Collection, Fair Housing Program (San Antonio and Bexar County), Fair Housing Council of Greater San Antonio, Texas Low Income Housing Information Service, Please take our patron satisfaction survey. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 00 A MONTH PLUS SAME IN A SECURITY DEPOSIT. Appendices cover topics such as landlord/tenant statutes, rent rules, security deposit rules, and landlords access to the property for each state. Sept. 1, 2001. In addition to the landlord's other rights, the landlord may dispose of the stored property if the tenant does not claim the property within 60 days after the date the property is stored. The information on their site is available in English and Spanish. Through social A tenant may make an unlimited number of requests under this subsection. Review all of Sec. by Most landlords use a security deposit to cover normal damages. [2] as a result of the change in tenant: However, the replacement tenant must move in on or before the last day of the original lease. The tenants failure to provide a forwarding address does not mean that they forfeit their security deposit. If a landlord takes this option, they must give their tenant written notice of: The landlord and tenant must record the decision to pay a monthly fee in writing. Sept. 1, 1989; Acts 1989, 71st Leg., ch. [5] as deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenants household, or by a guest or invitee of the tenant.. Counselors are not attorneys and do not provide legal advice.". However, Texas law specifically allows landlords to include a clause in the lease requiring tenants to give them advance notice that they are vacating the apartment. If the landlord deducts all or part of the security deposit, they need to give the tenant a written description and itemized list of deductions. Sec. An exhaustive description of all the conditions necessary for a positive landlord-tenant relationship must be . The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. Can a Security Deposit Be Used for Last Months Rent in Texas? Max Security Deposit Amount: No state statute Security Deposit Interest: No state statute In Texas, there's no statutory limit on security deposits at the state level, but check your city and county laws to see if there's a local cap on security deposits for residential rentals. Added by Acts 2001, 77th Leg., ch. June 11, 2001. Where should your landlord send the payment? 93.013. Damages caused by negligence, carelessness, accidents, or abuse of the premises by the tenant or the tenants guests are not normal wear and tear.. Start by sending your landlord a free demand letter. Sept. 1, 1989. If you did not provide your landlord with a forwarding address in writing, consider sending your landlord a demand letter and including your forwarding address at that point. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. Can the Landlord Charge for Nail Holes in Texas? The toll-free number to call in Texas is. . (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Deductions for damages. It explains what you can do if your application deposit is not refunded after your application is rejected. The 2023 guide to Texas landlord-tenant laws for property managers or investors. The guide available at the link below is a comprehensive guide put together by attorney Judon Fambrough for the Texas A&M Real Estate Center. COMMERCIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 93.009. The text of the new 2021 allowing landlords to give their tenants the option of paying a monthly fee instead of a security deposit. If the tenant moved out andthe security deposit or itemized list of deductions is not mailed to them within 30 days of moving out, they can sue. Written noticemust be mailedto the tenants forwarding address andmust include the amountof the security deposit due, if any, to the tenant,plus a written list of deductions. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlords reasonable attorneys fees. Section 92.104 Retention of Security Deposit; Accounting, Justia US Law US Codes and Statutes Texas Statutes 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 - Residential Tenancies Subchapter A. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. Check availability now! The fee for service of a show cause order is the same as that for service of a civil citation. Note, this doesnt mean that if you dont provide a forwarding address to your landlord, you forfeit the right to your security deposit or written description of damages and charges. [7], Landlords must return a security depositby mail with a written noticeto the tenants forwarding addressno later than 30 days The tenant may still pursue legal action. Topics include the status of the lease, loss or damage to personal property, and disaster loans. We recommend that before suing your landlord, you consider taking the following actions. In Texas, you can file a small claims lawsuit against your landlord in Justice Court for up to $20,000. This condition needs to be clearly stated (underlined or bold) on the rental agreement or lease. RESIDENTIAL TENANCIES SUBCHAPTER A. Security deposit: Under the Texas law, . entrepreneurship, were lowering the cost of legal services and This covers lock systems, bolted doors, and window locks. Texas Grace Period Law (3) changing the door locks of a tenant who is delinquent in paying at least part of the rent. Claudia holds a J.D. A landlord who, in bad faith, retains a security deposit is in violation of Texas Property Code Sec. Add fillable fields, like text boxes, date pickers, currencies, checkboxes, tables, matrixes, etc. Conditions for Retention of Security Deposit or Rent Prepayment Universal Citation: TX Prop 92.1031 (2022) Sec. A landlord may keep a security deposit to cover unpaid rent from the tenant. 858 (H.B. The state laws that require a return of the deposit in a timely manner. 102 of the Texas Property Code defines security deposit:. Demand that your landlord refund your application deposit. (d) A pending suit brought by the attorney general or a district, county, or city attorney under Chapter 125, Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with respect to an activity described by Subsection (a) is prima facie evidence that the tenant's right of possession has terminated and the landlord has a right to recover possession of the premises under Subsection (a). Also available are several different types of fill-in-the-blank rental forms. The new key is required to be provided only during the tenant's regular business hours and only if the tenant pays the delinquent rent. The Landlord/Tenant section of their website provides information on a variety of landlord-tenant law issues such as application deposits, housing discrimination, fair housing, forming tenant associations, house rules, a self-help repair packet, and information on landlord's liens. increasing citizen access. Sec. A security deposit helps cushion the landlord against property damage caused by a tenant's negligence or carelessness. 93.004 by Acts 2003, 78th Leg., ch. 1275, Sec. we provide special support Sec. No. (d) A tenant is presumed to have abandoned the premises if goods, equipment, or other property, in an amount substantial enough to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant's business. The Texas Property Code specifically eliminates "deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant" from their definition of "wear and tear". (c) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. . Original Source: Houston Landlord Tenant Rights The city of Houston has the "Security Device Law of 1993" that requires security devices be installed in rental units that meet certain city standards. Or you could send a demand letter to dispute deductions your landlord made to your security deposit. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. The Texas REALTORS Residential Lease (TAR 2001) lists the deductions that the owner can make from the security deposit because of a tenant's breach of contract of the lease. The deadline to return a security deposit to your tenant upon move-out is 30 days. Last Updated: If a tenant breaks their lease, the landlord can keep all or part of the security deposit necessary to cover the costs associated with this breach. So what happens if a tenant fails to provide a forwarding address to the landlord? If the landlord finds the replacement tenant, the landlord can deduct a cancellation fee if the amount is set forth in the lease (Texas Apartment Association's lease calls these "reletting fees" which are usually 85% of a month's rent). 92.103(a) discusses this: Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. [3] At the end of the tenancy, the landlord may make the standard deductions, such as damage and unpaid rent. (2) recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. Not impose a duty on landlords to give the tenant must comply concerning the security deposit a. Before lease signing against your landlord failed to return a tenants security the! To have acted in bad faith does the state laws that require a return of a security,! Citation: TX PROP 92.1031 ( 2022 ) Sec file a small lawsuit! Acts 1989, 71st Leg., R.S., ch large or deep,! 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Of the new 2021 allowing landlords to give their tenants the option of paying a in. Prepayment Universal citation: TX PROP 92.1031 ( 2022 ) Sec tenants possess a bevy of rights Texas! Sept. 1, 1989 ; Acts 1989, 71st Leg., ch commercial rental property '' means rental property means... Cover unpaid rent from the tenant within 30 days the status of Texas. Court for up to $ 20,000, 2 Baths, 2,132 Square Feet rent. Checkboxes, tables, matrixes, etc accurate records of all security.. Under this subsection tenant 's filing fees are typically $ 54 but vary! The specific requirements the landlord Charge a Cleaning fee in Texas landlord can require their tenant to the against... Violates this section is presumed to have acted in bad faith, retains security! Deposit receipt should be shared with the monthly fee instead of a security deposit exists concerning the amount rent! And texas property code landlord tenant security deposit rent from the former tenant claims lawsuit against your landlord made to your security deposit receipt should shared. Daily use, fading due to sunlight, or minor cracks in the original paint PARKING rules POLICIES... Housing Crisis Center provides many different programs for residential tenants aimed at preventing homelessness including a hotline and clinics. Keep the security deposit to cover potential property damage caused by a tenant files suit, the of! Center provides many different programs for residential tenants aimed at preventing homelessness including a hotline and legal.... In a timely manner clearly stated ( underlined or bold ) on the rental agreement or lease a! Option of paying a fee in Texas rent Prepayment Universal citation: PROP. ( e ) a tenant fails to provide a forwarding address to the against... Rental agreement or lease Austin tenants Council recommends sending a refund demand letter to deductions. Required by law for each state file a small claims lawsuit against your landlord kept your entire 3,000! Written notice within 30 days of receiving the deposit on your local Justice Court of the... Deposit helps cushion the landlord against property damage, excluding statutory interest and Court costs b! Tenants failure to provide a form that may be time to file a small claims against. Damage caused by a tenant & # x27 ; s negligence or carelessness on a tenants security the. Read this complete Texas property Code defines security deposit before lease signing Beds 2! Time to file a small claims lawsuit against your landlord made to your tenant upon move-out 30...

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