Get your Security Deposit Back! (Round Rock, Howe: renters, attorney, house)

[lisarom]

Are you having trouble getting your security deposit back?

Though I am blessed to have an awesome landlord, in my work as a Move-in/Move-out Make Ready House Cleaner in Round Rock, I am coming across more and more horror stories of renters being denied their security deposits at the first mention of moving out.

Has the landlord told you he/she doesn't have the money? That's co-mingling funds and it's illegal!

Cleanliness/damage an issue? You should ALWAYS do a walk through with the landlord before you move in. Note the condition of the property inside and out.

After you clean, ALWAYS take pictures to prove that the home was left clean and in good condition, other than what was noted on your walk initial through.

Before vacating the property, request that the landlord meet you and do another walk through, have him/her sign off that the condition is satisfactory and get your money right then.

If he/she should deny you your security deposit, ask him/her to put the reasons in writing and get a second opinion FAST. If you can address any issues that are your fault, correct it right then.

If all else fails, go to court and don't let unscrupulous landlords take advantage of you. The only thing you'll regret is not suing.

I am going to court with a client next month and boy is he in for a surprise! We have pictures and video!

[CptnRn]

Originally Posted by lisarom

Are you having trouble getting your security deposit back?

Though I am blessed to have an awesome landlord, in my work as a Move-in/Move-out Make Ready House Cleaner in Round Rock, I am coming across more and more horror stories of renters being denied their security deposits at the first mention of moving out.

Has the landlord told you he/she doesn't have the money? That's co-mingling funds and it's illegal!

Cleanliness/damage an issue? You should ALWAYS do a walk through with the landlord before you move in. Note the condition of the property inside and out.

After you clean, ALWAYS take pictures to prove that the home was left clean and in good condition, other than what was noted on your walk initial through.

Before vacating the property, request that the landlord meet you and do another walk through, have him/her sign off that the condition is satisfactory and get your money right then.

If he/she should deny you your security deposit, ask him/her to put the reasons in writing and get a second opinion FAST. If you can address any issues that are your fault, correct it right then.

If all else fails, go to court and don't let unscrupulous landlords take advantage of you. The only thing you'll regret is not suing.

I am going to court with a client next month and boy is he in for a surprise! We have pictures and video!

Much of your advice is good, but some of it is misinformed.

Not having the money is inexcusable and is no justification for not returning a security deposite, but it does not constitute comingling funds. Also co-mingling funds is not illegal in Texas. Here is the law: PROPERTY CODE**CHAPTER 92. RESIDENTIAL TENANCIES

I can find no place where it says co-mingling funds is illegal or that security deposites must be held in a separate account, as is required in some states.

Don't do just a walk through, take photographs of the property before you move in and make a written description of any defects.

A tenant can request it, but a landlord has no obligation to walk through the property with the tenant at the end of a lease. And if he does he has he still has 30 days to return your deposite. A landlord is required to "provide a written description and itemized list of damages and charges" withing 30 days of the tenant surrendering the property, IF the tenant did not leave owing rent (see below).

There are several other legal provisions of the Texas statutes that tenants need to be aware of:

Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (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.(b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.

(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. The landlord is not required to give the tenant a description and itemized list of deductions if:
(1) the tenant owes rent when he surrenders possession of the premises; and
(2) there is no controversy concerning the amount of rent owed.

Sec. 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.

(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.
(b) A tenant who violates this section is presumed to have acted in bad faith. 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 to recover the rent.


Sec. 92.109. LIABILITY OF LANDLORD.

(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.

(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees
in a suit to recover the deposit.

(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.

(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

[tazbigdog]

Thanks! Am moving out in a couple of weeks, so this is especially relevant!

[oldtoiletsmkgdflrpots]

Well, I don't regret not suing for deposit because it would have brought on more stress on an already stressful situation. We just wrote it off to the bad management at 12 Oaks in RR. Nasty, mean interactions. Actually, at one point the manager screamed, "YOU'RE IN TEXAS NOW AND THATS THE WAY WE DO IT!!!" Not exactly a warm and fuzzy introduction. Nice Texas roaches too.

[CptnRn]

Originally Posted by oldtoiletsmkgdflrpots

Well, I don't regret not suing for deposit because it would have brought on more stress on an already stressful situation. We just wrote it off to the bad management at 12 Oaks in RR. Nasty, mean interactions. Actually, at one point the manager screamed, "YOU'RE IN TEXAS NOW AND THATS THE WAY WE DO IT!!!" Not exactly a warm and fuzzy introduction. Nice Texas roaches too.

Now that you are all settled in and the stress is over...How long ago was it?

In Texas the statute of limiations for written contracts, which I assume includes a lease, is 4 years. You could collect 3 times the damages if the landlord did not do as the law required. You would do this by filing a claim in small claims court.

[oldtoiletsmkgdflrpots]

Well, looks like it's time to eat some crow. Upon further investigation, (and having it pointed out to me) we DID, I say, we DID get the deposit back. My humble apologies to 12 Oaks. But, I'm not taking the rest back. I let my resentment get the best of me...real or imagined.

[df175]

Landlords don't need to keep security deposits in a separate account. That's frankly a big hassle and move in fees would be even higher if landlords had to open a separate account for each tenant's deposit, as it is in places like NYC.

You don't want to have to pay first month's rent, last month's rent, plus a month of rent for a security deposit, do you?

All the other information is spot on however.

Be aware though that a lot of renters leave their places dirty (and demand their deposits back), so there are just as many problems on the other side of the coin.

[otr]

My lease just ended in May- and i was deducted $440.00 from my security depost- as a rent increase from the months of January-May as my boyfriend moved in, and my lease stated that a 10% charge would be added to the rent. However, i'm confused should i have received the 30 notice that my rent would be increased so that this would have been paid monthly- or can my lanlord discount that from my security depost? Please help!!