What can I do if it’s been 4 months since I moved out but my security deposit still has not been sent to me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if it’s been 4 months since I moved out but my security deposit still has not been sent to me?

They said they have and I told them I never received it so they said they would check and resend

but still nothing. How long do they have until they have to give it back?

Asked on August 19, 2017 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are already too late legally. Since they evidently will not send you the money, your recourse is to sue them: bring a lawsuit in small claims court, as your own attorney or "pro se" (to save on legal fees) for the security deposit. They can settle the case by handing over a check; otherwise, when you go to court, unless they can prove you did receive the money somehow (e.g. prove by fed ex or certified mail tracking it got to you; or prove by bank account records that the check was deposited/cashed), you should win and the judge will order them to pay.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption