How long can a Texas landlord hold your security deposit? The answer may shock you
You pay a security deposit upon signing a rental agreement and later look forward to getting a nice chunk of change back after moving out.
But how soon should you expect to get it? Is there a timeline for how long your landlord can legally hold your deposit?
It may be longer than you expect. Here’s what Texas law says.
How long can my landlord hold my deposit?
A landlord has 30 days from the date you moved out (or the date you give notice of your new address, whichever comes first) to return your security deposit, according to the Texas State Law Library.
However, until the tenant provides the landlord with a written statement of the tenant’s future address for the purpose of security deposit reimbursement, the landlord is not required to return the tenant’s security deposit or provide a written summary of damages and expenses.
“If you didn’t give 30 days’ notice (or more), check your lease,” experts at Texas Rio Grande Legal Aid said. “Some leases include a requirement of written notice of move-out for a refund of the security deposit, but this must be underlined or in bold print.”
What is a security deposit?
The Texas Law Library defines a security deposit “as any payment made in advance with the primary goal of ensuring that a landlord and tenant fulfill their obligations under a residential lease.”
Security deposits do not include rent, application fees, rent paid in advance, or non-refundable costs.
The maximum amount that can be charged as a security deposit is unlimited unless you reside in public or subsidized housing.
The landlord may retain the security deposit for the remainder amount of the rent you owe if there is no disagreement about how much you owe.
How do I get my security deposit back after moving out?
Housing experts recommend that you walk through the property one last time with the landlord before your move-out date and request a signed written list of the property’s damages from the landlord.
Experts also said taking these additional steps will help ensure proof of no damages when you leave the property:
Record or take pictures of the property’s condition.
Give the landlord back all of your keys.
Provide written notice of your forwarding address to the landlord.
What happens if my landlord refuses to return my deposit?
Tenants may file a lawsuit if they vacate and do not receive the security deposit or itemized list of deductions within 30 days.
The tenant may sue the landlord under Section 92.109 of the Texas Property Code to recover “three times the portion of the deposit wrongfully withheld” in addition to other costs.
Tenants can file a lawsuit in the local justice court if the sum involved is less than $20,000.
Renters can also refer to the Small Claim Case guide for additional details on how to file a lawsuit in justice court.
