Tenant Rights: The Security Deposit
Tenants in Texas have rights that often get overlooked. One of the most overlooked rights is the tenant’s right to receive his or her security deposit after moving out. Many tenants never receive their deposit back, while others receive a deposit with deductions for items that don’t make sense - like painting walls that didn’t need to be painted.
Having gone through that exact scenario in every apartment I lived in, I decided to do something about this.
The law is straightforward, and the process for determining whether you have a lawsuit is easy. Just answer some basic questions, and I will get back to you on the viability of your claim. If everything checks out, I’ll take your case on for free. That’s because the law allows me to recover my attorney’s fees against the old landlord in the event we win.
How We Get Your Security Deposit Back
The law prohibits landlords from acting in bad faith. If your landlord fails to return your security deposit or a written itemization of charges from your deposit, then the law presumes the landlord acted in bad faith.
However, before moving out tenants must follow these steps to be entitled to their deposit:
Pay your rent;
Provide written notice of your forwarding address; and
Leave the apartment/home in good condition - no damage beyond normal wear and tear.
If you followed these steps and still did not receive your deposit or itemization, you may have grounds to file a lawsuit and get your deposit back.