How to get my landlord to refund my security deposit?

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How to get my landlord to refund my security deposit?

My apartment lease was not to be up until end of 11/10, but since I divorced and moved in with a friend in 05/10, I continued to pay rent due on the apartment. On 09/07, my landlord said they had re-leased the apartment and wanted me to come turn in my key. So I did. At the time I was told that I would get my deposit back less any work they needed to do.  However,  as of today (11/27) I still have not seen my deposit. It is now running on 60 days. What are my legal rights?

Asked on November 29, 2010 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming you paid all rent due from you under the lease, the only grounds under which the landlord could keep the security deposit would be to pay for repairs or extraordinary cleaning (not normal wear and tear, and end of a lease freshening up) caused by you or your guests. And in that event, the landlord would be obligated to send you an accounting of the charges he proposes to deduct from the security deposit--which charges you have a right to disprove, if they are not valid or clearly excessive---and return and remaining balance. If the landlord does not do this, you may sue him, including in small claims court, for the return of your security deposit. Good luck.


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