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Commonly Asked Questions about Failure to Return Security Deposit

When it comes to security deposit refunds, Texas landlords must do so within 30 days of the tenant vacating the property. The landlord may deduct from the deposit any unpaid rent, damages to the rental unit that were caused by the tenant, and/or cleaning costs that are not caused by normal wear and tear.
Under Texas law, you must give the landlord a forwarding address in order to receive your returned security deposit. The landlord must return your deposit less any amount deducted for damages within 30 days.
Landlords are not permitted to require more than one and one half times the monthly rental payment as a security deposit. Any additional yearly security deposit increase may not exceed 10% of the current security deposit. There is no time limitation within the statute for making a request of a deposit.
The deposit belongs to your tenant and you must return this at the end of the tenancy. You may be able to keep some of the deposit, if you can prove that the tenants owe you money for rent, damage or cleaning. Returning tenancy deposits - Housing Rights housingrights.org.uk ending-tenancy ret housingrights.org.uk ending-tenancy ret
For tenants in units that are not rent stabilized or rent controlled, the landlord must return the security deposit within 14 days of the tenant moving out. If the landlord takes any money out of the security deposit for damages, they must provide an itemized receipt describing the damage and its cost.
Filing suit in small claims court The clerks at small claims court can assist with your filing. Consider whether a small claims action is likely to result in a paid-up judgment if you win.
If the tenant moved out and the security deposit or itemized list of deductions is not mailed to them within 30 days of moving out, they can sue. Section 92.109 allows the tenant to sue the landlord to recover three times the portion of the deposit wrongfully withheld plus other fees.
Breaking the lease. Breaking a lease is a serious violation of the lease agreement. A lease binds a tenant for a certain duration of time. So, if they move out before the lease expires, the landlord can mitigate their losses by deducting part or all of their security deposit.
Landlords are required to only deduct for reasonable expenses related to cleaning and repair. They cannot charge a tenants security deposit to remodel the premises. A fresh coat of paint is a common, reasonable charge. A brand-new chandelier is not a common, reasonable charge.
20 days State laws vary, but in Rhode Island the landlord has 20 days from the date she receives ALL keys back from the tenants AND a forwarding address in writing to return the security deposit less any documented expenses. Landlords and the Return of the Security Deposit wrgri.com landlords-and-the-return-of-the-secur wrgri.com landlords-and-the-return-of-the-secur