TX landlord has neither returned security deposit nor cashed last month's rent check. What can I do?

Asked over 1 year ago - Irving, TX

I had a TX residential lease for 1 year. Ended it with a 30 day prior written notice with proper forwarding address (recvd by landlord via cert mail with return recpt). Landlord was unable to come for walkthru and sent a text message to lock the house and leave key in lock box. There was no damage and house was cleaned before move out. I took numerous pictures before vacating. Lease ended Feb 28. Last month's (Feb) rent was sent on time via cert mail and recvd by landlord on Jan 27. Have receipt and proof of delivery. Landlord however has not cashed rent check yet, 3 months past due date. All prior rents were paid in time and there are no past dues etc. Since it is now past 60 days, what would the proper course of action to get the deposit and/or reconcile with last month's rent? Thanks!

Attorney answers (1)

  1. Adam Nelson Rieck

    Contributor Level 10

    2

    Lawyers agree

    Answered . The landlord was supposed to send you your deposit, or whatever was left of it after lawful (itemized) deductions within 30 days. Either you or your attorney should send a certified demand letter requesting the deposit back. Include your new address, and request that if there are any deductions from the deposit, that they include proof of any work done. In this letter, the fact that the last months rent had been tendered but not deposited should be brought up alongside a request that it immediately be deposited. Give them 10 days to reply... if they don't, it may be necessary to file suit. Retaining a good real estate attorney would improve your odds of recovery whether by demand or via suit.

    The above comments are made by an attorney at The Rieck Law Firm (RLF). RLF offers free initial consultation to... more

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