Texas Complaint - Lessor Failure to Return Security Deposit
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How to fill out Complaint - Lessor Failure To Return Security Deposit?
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FAQ
Section 92.105 - Cessation of Owner's Interest (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits ing to this subchapter from the date title to the premises is ...
Under current law, landlords and property owners in the State of Texas must comply with Section 92.016 and 92.1061 of the Texas Property Code. This law allows for victims of certain crimes involving family violence, sexual assault, child sexual abuse and stalking to terminate residential leases for their safety.
Section 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) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.
Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: 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.
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.
Section 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.
Section 92.103 - Obligation to Refund (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
