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"Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the

You should usually get your deposit back within 10 days of agreeing on the amount with your landlord. It can take a lot longer if you and your landlord disagree on the amount that's being taken off.

Fill out the Request for Return of Security Deposit form (not interactive; you must print, then fill out the form). Send the form to your former landlord. Keep a photo-copy of the form for yourself. Hold on to the Return Receipt when it comes back in the mail.

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.

Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under Texas security deposit laws or as a result of breaching the lease. The landlord may not retain any portion of a security deposit to cover normal wear and tear.

Most residential leases and rental agreements in Texas require a security deposit. This is a dollar amount, usually one month's rent, that's intended to cover damage to the premises beyond normal wear and tear, and to cushion the financial blow if a tenant skips out early on the lease without paying rent.

Howe v Smith specified that if a contract expressly describes the advance payment as a 'deposit', but says nothing about whether it is refundable or not, then it will be classed as a deposit in law. From this stems the rule that deposits in law are not refundable if the buyer cancels the contract before completion.

Non-Refundable DepositsTexas state law specifically states that a landlord shall refund a security deposit3 and that a landlord's duty concerning security deposits may not be waived. Under Texas law, it does not matter what the landlord calls it or whether she claims it is non-refundable.

Texas Deposit for Compensation

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What is considered normal wear and tear on rental property in Texas?

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