WHAT IS TEXAS' STATUTE OF LIMITATION ON RECOUPING A RESIDENTIAL RENT SECURITY DEPOSIT AND AN OVERPAYMENT OF AN EXTRA MONTH' RENT

Asked about 3 years ago - Sugar Land, TX

When contacted on several occasions, Landlord repeatedly promisesd to pay but never delivered. He also received an extra paymet and kept quiet , for the last month rent of the contract, It was paid at contract inception as part of the initial deposit of 3X rent that included first month/last month and security deposit. The deposit amount is $4350, the last month rent is $4350.

Attorney answers (1)

  1. Brian W. Erikson

    Pro

    Contributor Level 18

    Answered . The statute of limitations for debt in Texas is four years. But if the landlord has failed to account for and return your security deposit, the landlord has a bigger problem.

    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.fastlaws.com/index.php?id=txprchapter92

    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.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as the best answer. Thanks.

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