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Is a landlord able to deduct late fees from a deposit put down for the house?

El Paso, TX |

I have paid every month and am up to date on payments with proof,and am no longer in the house since the end of January. the landlord is procrastinating on refunding the deposit.

Attorney Answers 2

Posted

Under the Texas Property Code, section 92.104, the landlord may not retain from your security deposit any money to cover normal wear and tear. A landlord who wrongfully withholds a tenant's security deposit can be liable under Texas Property Code section 92.109 for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.

You can review these sections of the Property Code at the following web address:

Texas Property Code Chapter 92 - Landlord - Tenant Residential Property
http://www.texaspropertycode.org/

-Or-

http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.92.htm

The landlord has an obligation to provide an accounting for your security deposit provided that you owed no rent and had provided a forwarding address. See Property Code section 92.104. If the accounting is wrong, or you dispute the accounting, you can sue in small claims court for a wrongful withholding of your security deposit.

Good luck.

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2 lawyers agree

Posted

I agree with Mr. Erikson. I would also like to add that the landlord has 30 days from the date you moved out to refund your money or to provide you with an accounting of all his/her deductions. If you moved out at the end of January, it seems he/she still has time.

Please be advised that the information provided herein is for reference to interested persons only and is not intended to create an attorney-client privilege and/or communication. Any information provided herein should be not substituted for the services and/or advice of counsel.

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