Security Deposits

SECURTIY DEPOSITS AND EXCEPTIONS AND MISCELLANEOUS:

  The landlord can only deduct damages and charges from the security deposit for which you are legally liable under the lease agreement, or for physical damage to the property for which you are responsible. Your landlord can't retain part of your security deposit to cover normal wear and tear. Normal wear and tear means deterioration or damage that occurs based upon the normal, intended use of the premises and not due to your negligence, carelessness, accident, or abuse.  For example, the landlord can't withhold part of security deposit for worn carpet, small nail holes, scratches on the sink or countertops, or permanent stains on the carpet and pen marks on the wall caused by you or your guest. Even in these cases, the landlord may not be entitled to replace all of the carpet or paint the entire house expense.

  Landlord must refund or explain within 30 days after you move out of the apartment or house, if you provided a written forwarding address to your landlord. You can provide your forwarding address at any time; however, the landlord's duty to refund doesn't exist until you do so. If our landlord has cause to retain all or a portion of your security deposit, the landlord must provide you with a refund of the balance of the security deposit, if any, together with a written description and itemized list of all deductions within 30 days of your move out (or within 30days of you providing her/ him with your forwarding address in writing). 

  The landlord that has an on-site management or superintendent's office must provide to you a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the property that materially affects your physical health or safety.  The landlord must post the phone number prominently outside the management or superintendent's office. 

  The landlord is required by law to keep accurate records of all security deposits; however, the landlord isn't obligated to keep the funds in a separate account. The landlord is also not required to pay interest on the security deposits. 

  For more information on security deposits visit: www.texasbar.com