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How long can my old apartment withhold my security deposit?

I live in Houston, Texas, and have been a renter for two years now. On May 10th, I moved out of my old apartment. I had a wonderful time there, and had no problems with the management company and found the staff there to be reasonable and polite. I had no problems with anything concerning them and paid my rent on time, every time, with the exception of one month where I accidentally shorted them $19. Because the amount was so small they didn't charge me a late fee and just had me write them a separate check. On the month I was to move out, I accidentally paid my rent in full instead of the pro-rated amount, and they informed me that the extra amount would be combined with my security deposit and used to repair any damages, clean the apartment, etc. then the rest would be mailed to me in a check.

It has been almost two months since then. I have repeatedly called them about it and they have said the check should arrive within 60 days. They sent a notice through the mail to my new place giving me the amount I am owed and what the rest was used for (cleaning the carpet and the like) and I was owed $423.

On the ninth of this month, it will have been 60 days. In my most recent call to them they told me they only just sent it out on the 28th of June! I'm not entirely sure I should believe them this time, since they told me they mailed it out once already.

I'd hate to have to get more aggressive about this since I enjoyed their service up till now, but I'm tired of waiting and every day it isn't here I get angrier with them. What kind of action can I take if it isn't here by the 9th?

3 Answers

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  • Kini
    Lv 7
    8 years ago
    Favorite Answer

    I dont know if Texas has a law regarding security deposits but most states require it be returned within 30 to 45 days or you could sue in court for double damages if you prove landlord wrongfully kept it. They were also required to send you a letter within a specific time period explaining why they are not returning the entire deposit. You have to file suit in Small Claims court. That might get them to refund it without even going to court.

  • 8 years ago

    LL is legally require din TX to return it within 30 days or send the wirtten accounting of what it was used for, etc. They did that.

  • 8 years ago

    It will be there on the 9th. If not, you can take them to small claims court with your letter as proof.

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