What can I only received apart of my security deposit and even then not not within the legal time period?

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What can I only received apart of my security deposit and even then not not within the legal time period?

I had not received my deposit or any explanation why not within the state allowed time frame, so I sent landlord a certified letter asking for my full deposit back within a week. My letter noted all agreements we had made and quoted law in my letter which I sent certified on 9/13/10. Yesterday, 9/14, I received a letter dated and mailed 39 days after move-out from him detailing what he deducted from my $1200 deposit, with a check for $500, and a written promise to pay the remainder of the $995 ($455) he feels he owes me two weeks from when he mailed me the letter. What should I do?

Asked on September 15, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Landlords in Texas are required to return the security deposit to the tenant within 30 days of their vacating the premises, subject to certain conditions.  If three is rent owed then the 30 days may be extended; f the tenant fails to give a forwarding address in writing the 30 days may be extended.  But if you object to the deductions and think that they are improper then you have to challenge the attempt to pay her and to pay late.  If you accept the money then you may be giving up your right to challenge the impropriety.  Since you say that you quoted the law you must be aware of the next step: suing them for it.  Good luck.


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