texas

Little-Known Law Empowers Tenants in Their Fight for Security Deposit Returns

Tenants may be awarded hundreds of dollars if a landlord neither returns the security deposit nor gives the tenant a written list of damages in 30 days

Texas tenants can be awarded thousands if their landlord fails to follow the law. That was the case for one Mesquite tenant. Demetra Brown says she liked her rented home but it needed some repairs. She says her landlord did not give her a move-in condition form, a critical piece of protection for tenants to document existing damage. So she promptly created her own.

"When I first moved in I sent the move-in condition form certified," Brown said. She said the signature confirmation provided proof that her landlord received it.

She documented a number of problems on the form including a broken garbage disposal and bleach spots in the carpet. But Brown says the most troubling was a leaking kitchen sink and warped counter top.

"It was a board put up in there so it wouldn't fall down. And I said, 'Oh no, this thing could fall on my foot,'" she said.

Brown says after a year of repeated phone calls, the landlord fixed the counter top, but not the leak.

"After a year my patience kind of wore out," Brown said.

She says other needed repairs tried her patience as well. She wrote her landlord about more than a dozen problems including an ill-fitting front door, a patio door that wouldn’t lock and a broken electrical outlet.

"That's when she told me, 'Mrs. Brown you are good tenant, but I'm gonna have to ask you to move if you keep asking me to fix things,'" said Brown.

The following month she did just that – writing "due to the high volume of maintenance, we have decided to no longer rent this property."

"She gave me 30 days to move," said Brown.

And so she did. Brown says she paid a housekeeper $150 to get it spick and span.

"I cleaned the house. Had everything done really nice," said Brown.

She then notified her landlord of her forwarding address - as required by law.

"I was expecting to get my deposit back. $1,200," she said.

By law, landlords must return a tenant's deposit within 30 days of moving out. If they deduct for damages, they have to give have to give the tenant an itemized list.

"I never got that. I never got anything," said Brown.

She sent another certified letter asking for her security deposit followed by unanswered phone calls. Finally, her landlord gave her an answer.

"She said she was not going to give the deposit back," said Brown. "She said that I tore up the house. I knew that wasn’t the case so I took her to court."

And one little-known law was on her side. It says "a landlord who in bad faith retains a security deposit," 30 days after the tenant leaves may be "liable" for "three times the portion of the deposit wrongfully withheld," plus "$100," and "reasonable attorney’s fees."

We tried to get her landlord’s side of the story. She declined our request for an interview, telling us not to call her again. But in a letter, the landlord wrote the court arguing Brown had a pet without permission, requested “renovations” costing more than $7,200 and moved returning neither the key nor the garage door opener. All are arguments Brown disputes. The landlord also said Brown didn't pay her last month's rent. Brown argues her landlord kicked her out mid-month, so she offered to pay the pro-rated amount, but her landlord refused – even in court.

Sandy Rollins, executive director of the Texas Tenants’ Union, sees disputes like this all the time. She says the best ways to protect yourself are to read everything before you sign. Send all requests in writing with a certified letter and request signature confirmation. If you do end up in court – opt for a jury trial.

"It helps level the playing field," said Rollins.

That’s what Brown did.

In under an hour, the jury found in Brown's favor, awarding her three times her deposit plus $100. Brown represented herself, so she was not eligible for attorneys' fees.

"I ended up with $3,800 dollars. I was pretty happy about it," said Brown.

Part of the reason Brown was successful is communication with her landlord was in writing and sent by certified mail. One popular standard lease from the Texas Apartment Association states, "notices may not be given by email or other electronic transmission.” So don’t assume an email is sufficient.

Brown plans to take her former landlord back to court because it’s against state law to evict a tenant as retaliation for requesting repairs.

She now volunteers for the Texas Tenants' Union, a non-profit Dallas-based organization that helps educate tenants about their rights and responsibilities.

Brown tells others that renters are not powerless. But you have to know the law, follow the law and fight for your rights.

For more information on your rights as a renter, visit the Texas Tenants' Union.

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