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#1
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| Is the landlord required to give an itemized listing(including amounts) explaining the deductions made from the security deposit in Texas? |
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#2
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| <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by disappointed in TX: Is the landlord required to give an itemized listing(including amounts) explaining the deductions made from the security deposit in Texas?<HR></BLOCKQUOTE> Yes. |
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#3
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| L must give you an *itemized* accounting within 30 days of termination of the lease. If L does not, L can't retain any of the deposit. Sue 'em! Sec. 92.104. Retention of Security Deposit; Accounting. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and (2) there is no controversy concerning the amount of rent owed. ============================ Sec. 92.109. Liability of Landlord. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable 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. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. ------------------ This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. |
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