What happens if the landlord/owner of an apartment complex refuses to refund my secuirty deposit and prorated rent?

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What happens if the landlord/owner of an apartment complex refuses to refund my secuirty deposit and prorated rent?

Under the Texas Property Code 92.056(a) and (b), I terminated my lease because the apartment complex refused to repair my AC in a reasonable amount of time (7 days) in Texas Heat (Heat index 110F on some days). I had notified the leasing office of the issue and put it in writing via certified mail. I turned in all keys and gave written notice of my forwarding address the day I stated I would leave. It has been almost 2 months and I have not received anything to account for my security deposit or prorated rent. (I moved out on the 9th but paid the rent in full for that month).

Asked on November 1, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is my understanding that the law in Texas requires that a landlord return a security to deposit to a tenant within 30 days of their vacating the premises.  If a tenant fulfills the lease requirements the security is always refundable.  There may e a portion kept for "redecorating" if it so states in the lease.  If the landlord does not refund the full amount an itemized list must be provided to the tenant.  I think that it is time you went to landlord tenant court to set matters straight with your landlord.  It has been much longer than the 30 days but it may be hinging on the "fulfilling the lease" issue.  Good luck.


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