HOW TO GET YOUR SECURITY DEPOSIT BACK
Including Form to Request Return of Security Deposit
These instructions do not give legal advice and are not a substitute for the advice of a lawyer.
This toolkit describes your rights regarding security deposits in a residential tenancy, and it includes a form (Request for Security Deposit) to request your security deposit.
Frequently Asked Questions (FAQs) about Security Deposits
I. Frequently Asked Questions about Security Deposits
What is a security deposit? Texas Property Code 92.102
A security deposit is money paid in advance by the tenant to the landlord to cover matters that might come up during the lease, such as property damages. Rent, application fees, rent paid in advance, and non-refundable fees are NOT considered security deposits.
Can I withhold my last month’s rent and apply my security deposit to my rent? Texas Property Code 92.104, 92.108
No. Security deposits are not last month’s rent and are separate from rent payments. Always pay your rent. Not paying any part of the last month’s rent could make you liable to the landlord for three times the amount of rent you don’t pay and landlord’s attorney fees.
When can my landlord withhold all or part of my security deposit for damages to the property? Texas Property Code 92.104
The deposit can be used to repair damage to property beyond normal wear and tear.
Normal wear and tear means deterioration (damage) from the typical use of a property. It could include breakage due to age or worn condition, like worn carpet or peeling paint. It does not include problems caused by carelessness or abuse by you or your guests, like a large hole in the wall, broken window, or large stains on the carpet.
Can my landlord withhold my security deposit for rent or other charges I owe under my lease? Texas Property Code 92.104
Yes. If you owe rent or any other amount under your lease, your landlord can deduct from your security deposit. Read your lease to learn what those charges may be.
How can I get a refund of my security deposit? Texas Property Code 92.103
Before moving out:
Check your lease to see if you must give advanced written notice of your move-out within a certain time. For example, some leases may require 30 or 60 days advanced written notice. Even if your lease doesn’t specify a time, it is good to give your landlord at least 30 days written notice. Keep a copy of the notice.
If your lease says that you must give advanced written notice of moving out before your landlord is required to refund or account for your security deposit, it must be underlined or in bold print.
At move out:
If you can, do a walk-through inspection with the landlord. If you don’t already have an inventory and condition form, ask the landlord for a written, signed list of damage to the property, and keep a copy. If the landlord won’t do a walk-through, inspect the unit with a friend and document any damages.
Take photos or videotape of the property and its condition. [NOTE: For future reference, it is advisable to do the two above steps before moving in.]
Follow any move-out requirements in your lease, which may include returning your keys.
Most importantly:
Provide Landlord with a forwarding address in writing.
You can give your forwarding address in writing by mail, hand delivery, or by any manner allowed in your lease. You can use this Request by Tenant(s) for Return of Security Deposit and Statement of Forwarding Address to do this.
The forwarding address does not need to be where you live, only a reliable place to receive mail. Keep a copy of the notice.
The landlord has 30 days from the date you give a written forwarding address AND move out of the property (surrender possession) to return any security deposit due and/or give you a written description and itemized list of deductions.
6. How long does my landlord have to return my security deposit? Texas Property Code 92.103
Within 30 days from the date you gave a written forwarding address AND move out (surrender the property), your landlord must:
refund any security deposit due and/or
rovide a written description and itemized list of deductions from the security deposit.
If the landlord withholds any portion of the security deposit for repairs or other reasons, you are entitled to a written, itemized list of the damage and cost of repairs, along with the balance of your deposit after the deduction.
7. What can I do if I’ve moved, given a written forwarding address, and my landlord has not timely refunded my deposit and/or given a written description and itemized list of deductions? Texas Property Code 92.109
If you believe your deposit should have been refunded, disagree with the deductions, or the landlord doesn’t give you a written description and itemized list of deductions, you can file a lawsuit.
A court may find that a landlord acted in bad faith if the landlord failed either to return a security deposit or to provide a written description and itemized list of deductions on or before the 30th day after the date the tenant gives a written forwarding address AND surrenders possession (moves out).
A landlord, who in bad faith keeps a security deposit, is liable for $100, three times the portion of the security deposit withheld, and attorney’s fees.
A landlord, who in bad faith doesn’t provide the written description and itemized list of deductions, loses the right to withhold any portion of the security deposit, sue the tenant for damage to the property, and is liable for tenant’s reasonable attorney’s fees.
References:
II. Instructions for Filling out Request to Request Return of Security Deposit:
The bold words below are from the Request for Security Deposit form.
TO: List the name of the landlord, manager, or agent. This should be the person to whom or the place where your rent is normally paid. Write the street address, unit number (if any), city, state, and ZIP of the landlord, manager, or agent.
METHOD OF DELIVERY: (for your records, check all that apply)
Certified Mail, Return Receipt (If you have questions, ask Post Office; keep tracking number.) Tracking Number:________________________________________
First Class Mail
Hand Delivery
Other method of delivery:____________________________________________
REQUEST: Print the name, unit, and/or address of the property you previously rented.
FORWARDING ADDRESS: Print the address where you want the landlord to send your security deposit. The address does not have to be where you are currently living, but it does have to be an address where you know you can receive mail.
Tenant Signature: Sign, print your name, date it, and put your telephone number if you’d like for your landlord to be able to reach you by telephone.