Landlord/Tenant dispute over deductions from security deposit

[disappointed in TX]

Is the landlord required to give an itemized listing(including amounts) explaining the deductions made from the security deposit in Texas?

 

[HomeGuru]

<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.

 

[Tracey]

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.

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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.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.