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How do I get back my Security Deposit?
This is the the number one legal question for renters, because it is so easy for the landlord to illegally withhold your security deposit, and act like it's all your fault. In this video consultation, we discuss
*the steps you should take to make sure you get back your fair share of the security deposit,
*what the landlord can legally take out of your deposit and what he can't,
*what proof the landlord has to give you about withholding your money for damages or repairs, and
how to sue the landlord and win back your deposit plus some $.
Step 1: Give written notice of your intent not to renew your lease
Before you move out. Check your lease to determine how many days in advance you must provide notice. Most leases require at least thirty days notice. Keep a copy for yourself in case you need it later as evidence in court.
(Check out the form on my website for a sample Notice of Nonrenewal)
Step 2: Give written notice of your forwarding address
as soon as you know what it is. You can do it in the same notice as your intent not to renew or it separately at a later time. But the sooner you give the landlord your forwarding address the sooner you will get your money back. Texas law requires the landlord to give you your deposit back 30 days after you give him a written forwarding address. By sending your written notice you start the clock ticking on that 30 days. But it is never too late! And you don't give up your right to a refund or the right to receive an itemized list of deductions just because you didn't give the landlord a forwarding address UNLESS you owe rent -- that's always a big NO NO in Texas law.
Heads UP: The forwarding address doesn't have to be your address, it can be a friend or relative's place or anywhere that you can be sent mail. But I recommend that you leave a local forwarding address. If the landlord thinks you are leaving town, he might be tempted to keep your deposit.
Step 3: Do a walk through with the landlord and take lots of pictures
Right before you move out, do a walk through of the rental unit with your landlord. Take photographs! Hopefully you took pictures when you moved in too, so you can compare them if you need to show that the damage was already there when you moved in. Texas law says you are not responsible for damage caused by normal wear and tear - For example, you might have to pay to clean the carpet after living there a year, but under normal conditions you wouldn't have to replace it.
Ask the landlord if there are any damages that he plans to charge you for. You have the right to try to fix things yourself to avoid repair costs and save money. But I recommend that you discuss this with the landlord and get his written agreement that he won't charge you before you make any repairs.

If you have a TAA lease, it really covers their behind on this point - it says:

Even though this language might make you feel like why bother with the inspection, I still recommend that you record the move out inspection, even on video if the landlord agrees to it, or at least take detailed notes and photos. The landlord is much less likely to try to wrongfully withhold your security deposit later if he knows you are on top of it and watching his every move.
Step 4: Pay your last month's rent
Don't even think about using your security deposit as rent for the last month of your lease because the landlord can sue you for three times the amount of the unpaid rent plus attorney fees! Texas law is very strict about this. Plus your landlord may file a negative credit history that will make it harder for you to rent another apartment. It's a lot safer to wait and sue the landlord if he wrongfully keeps your security deposit.
Step 5: Wait 30 days
If your landlord doesn't return your full security deposit, he is required to provide you with an itemized list of deductions. Then
Step 6: Send a demand letter for the return of your security deposit
If the landlord still hasn't sent you anything. Include your forwarding address again and tell the landlord that you will seek legal remedies if he does not refund your security deposit. I recommend that you also ask the landlord to send you any invoices or photographs showing work done to the rental since you moved out.
(Check out the forms on my website for a sample Demand Letter to Landlord)
Wait ten days to see if the landlord responds. If he doesn't or you think his response is unreasonable.
Step 7: File a lawsuit to recover your security deposit.
Texas law allows you to recover $100, three times the amount of the security deposit wrongfully withheld, court costs, and attorney's fees.