Legal Question in Real Estate Law in Texas
Deposit Partially Returned
I leased a house and 45 days after moving out had not received my security deposit back. I called and after many attempts received a return call stating that the owner would process my deposit. After two weeks I received a check for $500 when my deposit was $1700. He did give me an itemized list of charges, however I thought there was a law that he had to return the deposit within 30 days or he forfeited the entire deposit. Also, all of the charges he listed are not legitimate. What can I do? Can I get all my money back?
1 Answer from Attorneys
Re: Deposit Partially Returned
There is a law about the 30 days and, by not returning your deposit with an itemization of charges withing that time, your landlord is liable for treble (triple) damages under the deceptive trade practice act (DTPA). Your remedy is in small claims court and the clerk will help you file. Any other issues can be addressed before the judge at that time. Your claim must be under $5,000 to be heard in that court.