How to get my landlord to refund my security deposit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to get my landlord to refund my security deposit?

My apartment lease was not to be up until end of 11/10, but since I divorced and moved in with a friend in 05/10, I continued to pay rent due on the apartment. On 09/07, my landlord said they had re-leased the apartment and wanted me to come turn in my key. So I did. At the time I was told that I would get my deposit back less any work they needed to do.  However,  as of today (11/27) I still have not seen my deposit. It is now running on 60 days. What are my legal rights?

Asked on November 29, 2010 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Assuming you paid all rent due from you under the lease, the only grounds under which the landlord could keep the security deposit would be to pay for repairs or extraordinary cleaning (not normal wear and tear, and end of a lease freshening up) caused by you or your guests. And in that event, the landlord would be obligated to send you an accounting of the charges he proposes to deduct from the security deposit--which charges you have a right to disprove, if they are not valid or clearly excessive---and return and remaining balance. If the landlord does not do this, you may sue him, including in small claims court, for the return of your security deposit. Good luck.


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 lock Secured with SHA-256 Encryption