What's Up With My Security Deposit

Typically a lease is cut and dry between apartment communities and their respective tenants. Many times however, there is a dispute that arises between the apartment community and the respective tenant.

Normally this always boils down to the security deposit. Many renter’s claim they never received their security deposit back, or that the owner did not return their security deposit in full.

Actually the security deposit is the center of much frustration and causes a stressful situation for many parties.

The renter is normally responsible for maintaining the apartment home. And normal wear and tear items should not be deducted from the security deposit. Of course what is defined as "normal wear and tear" can also be the cause of much of the confusion.

During the time of your lease if you stain your carpeting, or damage the walls, or break one of your windows, this would obviously exceed normal wear and tear. Carpet that is not stained, but obviously has been worn down by repeated renters would fall under normal wear and tear.

If your washing machine breaks due to normal use or your refrigerator ceases to work, these items would be normal wear and tear.

Now that we have cleared this up, what are the rules regarding the return of the security deposit in the eyes of the law.

In Texas, the landlord must return your security deposit within 30 days after you have moved out of the rental in which you called home. Be sure and leave a forwarding address so the landlord knows where to mail your payment.

If your landlord deducts any fees, he must provide you with an itemized list of the deductions.

Moving right along, if you do not receive your security deposit, you have the choice of taking the landlord to court. And make sure you have paid all your rent up to date.

Texas law allows a renter to sue the landlord for three times the security deposit plus a $100 fine. So if you security deposit is $1000, then you could potentially sue for $3100.

You will have to go to small claims court and state your case. It could take months for you to get a case before a judge but rest assured it will be well worth it.

The landlord would be smart to send your security deposit refund as soon as possible. However, if he is bankrupt you may find yourself with a problem.

Please read more about Fort Worth apartments.