What do you have to do to get your security deposit back?

| Jan 8, 2021 | Property Law

When you rent a property, the landlord will almost always require a security deposit. The deposit that you pay protects the landlord against losses if you break the lease, fail to pay rent or damage the property.

When you move out, the seller typically has to return your deposit to you. What steps do you have to follow as a residential tenant in order to get your deposit back?

You must notify the landlord in writing of your forwarding address

When you end your tenancy in compliance with the terms of your lease, Texas law requires that you provide your new mailing address to the landlord in writing in order for the security deposit procedures to initiate.

Your landlord might return your deposit without receiving written information about your new address. However, many others will hold the deposit until they have to return it to you.

Having proof of rent payments and property condition protects your deposit

Some landlords will make bad faith claims against a tenant’s security deposit so that they don’t have to return it. They may falsely claim that a tenant broke the lease or did not pay their rent. They may exaggerate standard wear and tear on the property to make it sound like intentional damage. They might even fabricate damage to the unit.

Documenting the condition of the property when you move in and when you move out will help you fight back against bad faith claims by your landlord as a thinly veiled attempt to keep your security deposit. If you have problems getting back a deposit that’s owed to you, an attorney can provide valuable help and guidance.