How do I make sure I get mysecurity deposit back?
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How do I make sure I get mysecurity deposit back?
My landlord put in our lease that he would have a 2nd bathroom put into our townhome. Now he says it’s impossible to do so but we have a signed agreement saying that would get done. He’s being very difficult about the situation and wants to sign us out of our lease. He also says he is refusing to give us back our $900 deposit. There are no damages done to the home its actually in better shape than when we moved in. I’m not exactly sure how to handle this situation in a legal matter.
Asked on February 19, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A landlord may only retain a security deposit to pay for 1) unpaid rent, which had been due and owing, or 2) for damages, beyond normal wear and tear, done by the tenant (or tenant's family, pets, guests) to the premises. Whatever amounts are not required to pay for 1) or 2) must be returned to the tenant; if the landlord will not return them, the tenant can sue for the security deposit's return, including potentially suing in small claims court, where the court fees are low and the tenant can act as his or her own attorney (no lawyer fees).
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