- Real Estate
Landlord Did Not Return Security Deposit-Texas
There are occasions when a landlord, acting in bad faith, may fail to return a security deposit. The law defines "bad faith" in this case as failing to return the deposit within thirty days of vacating, or failing to return the deposit at all and without a written discrption of how the deposit was applied. It is important to note that if either of these situations are presented the landlord is always viewed to have acted in bad faith.
For the renter to have recourse in this situation they must have vacated without owing any rent, provided the landlord with a valid forwarding address, and not have received either a bill, a discription of charges, or the security deposit itself. If the security deposit was returned but after the thirty day window (must have been postmarked but necessarily received by the thirtieth day) the renter still has reason to file a civil suit against the landlord.
Under these situations the renter could file a civil suit in their county court house. The law stipulates that the renter is entitled to three times the amount of rent plus $100.00, as well as any applicable court costs and reasonable attorney fees. These cases are pretty open and close and are almost always judged in favor of the resident.