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[TX] How do I sue for withholding a security deposit?

My landlords are withholding my security deposit. They withheld my entire $2,600. We did not document the move out. Our lease ended on 3/31. We moved most of our stuff out on 3/28. They asked us on 3/28 if they need to move out our stuff for us. And we told them no, we aren't done moving and cleaning. They began cleaning and repairs on 3/28. We had also told them in our email that we would like to do a walkthrough. We told them this in our notice that we are not renewing our lease in January. We agreed on a walkthrough on 3/30. When we arrived, a lot was already cleaned and repaired. So we didn't see a point in taking pictures.

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Ray
Ray

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So your remedy here is to sue the landlord in small claims court for the amount of the security you feel is unwarranted and due to be refunded. You can either send a landlord demand letter or just sue yourself.

The Texas Property Code outlines when and how security deposits are applied to residential leases (Title 8, Chapter 92, Subchapter A). Section 92.103 of the Texas Property Code discusses the landlord's obligation to refund a security deposit within 30 days of the tenant vacating the property.

If you need further assistance with your demand letter or any other steps, feel free to share.

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I have a question about my landlords withholding my deposit in Texas.

Lexi

Lexi, Chatbot

I’m sorry to hear about the issue with your deposit in Texas. Have you already reviewed your lease agreement regarding the deposit?

Yes.

Lexi

Lexi, Chatbot

Can you provide more details on the condition of the rental property when you moved out and whether you received an itemized list of deductions from your deposit?

It was in good shape. But I don't agree with the deductions they made. And I don't think that the itemized deduction they gave us is sufficient.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your deposit withholding.

No.

Ray

Ray

Hi there! I'm Ray, your go-to expert for landlord-tenant issues. I understand you're dealing with a frustrating situation regarding your deposit in Texas, and I'm here to help you navigate it. What specific deductions did your landlord make from your deposit that you disagree with? Did you document the condition of the property with photos or a walkthrough before moving out? Have you communicated with your landlord about your concerns regarding the itemized deductions, and if so, what was their response?

They withheld my entire $2,600. We did not document the move out. Our lease ended on 3/31. We moved most of our stuff out on 3/28. They asked us on 3/28 if they need to move out our stuff for us. And we told them no, we aren't done moving and cleaning. They began cleaning and repairs on 3/28. We had also told them in our email that we would like to do a walkthrough. We told them this in our notice that we are not renewing our lease in January. We agreed on a walkthrough on 3/30. When we arrived, a lot was already cleaned and repaired. So we didn't see a point in taking pictures.

Ray

Ray

So your remedy here is to sue the landlord in small claims court for the amount of the security you feel is unwarranted and due to be refunded. You can either send a landlord demand letter or just sue yourself.

The Texas Property Code outlines when and how security deposits are applied to residential leases (Title 8, Chapter 92, Subchapter A). Section 92.103 of the Texas Property Code discusses the landlord's obligation to refund a security deposit within 30 days of the tenant vacating the property.

If you need further assistance with your demand letter or any other steps, feel free to share.

The plan is to sue. But I want to make sure I do it right and that my demand letter has the good elements in it.

Ray

Ray

Thank you for choosing AskaLawyer as your trusted source for assistance. I truly appreciate the trust you've placed in me. If there's anything else you need help with or if you need further clarification, please don't hesitate to reach out. I'm here to offer my support.

Ray

Ray

65,512 satisfied customers

Ray
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