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?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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