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Texas Letter from Landlord to Tenant Returning security deposit less deductions

State:
Texas
Control #:
TX-1065LT
Format:
Word; 
Rich Text
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Description

This is a letter informing Tenant that Landlord has deducted from the deposit the amounts itemized which are amounts either reasonably necessary to remedy default in the payment of rent, to repair damages to the premises caused by tenant, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's occupancy.


A security deposit is a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." Everyday usage is normal wear and tear, but excess damage is a debated definition. A security deposit is not the same as rent. It is money that actually belongs to the tenant but is held by the landlord for tenant-caused damages and sometimes past-due rent. Without the agreement of the landlord, a security deposit may not legally be used as the last month's rent.


Laws vary by state, but some states place a limit on the amount of a security deposit that a landlord may charge. Some states also regulate where residential security deposits must be kept and when interest payments on the security deposits must be made to the tenant. State laws also define the time period after the tenant vacates within which the deposit must be returned to the tenant.

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FAQ

Contact your landlord or agent. Set out your evidence and the reasons you don't agree with deductions from your deposit in writing. Raise a dispute with your deposit scheme. Consider court action.

Texas law doesn't impose any limits as to the maximum amount that a landlord can charge a tenant for a security deposit. That's at the state level, however. Local ordinances might differ, so always check with your municipality or county to be sure that what you're asking is within the law there.

The Real Deal with Carpet Cleaning According to the Department of Agriculture, Trade and Consumer Protection, landlords CANNOT charge for routine carpet cleaning - during the lease or from a security deposit-no matter what your lease says.

Contact your landlord or agent. Set out your evidence and the reasons you don't agree with deductions from your deposit in writing. Raise a dispute with your deposit scheme. Your deposit should be protected with a deposit protection scheme if you have an assured shorthold tenancy. Consider court action.

(a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which tenant is legally liable under the lease or as a result of breaching the lease. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.

Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under Texas security deposit laws or as a result of breaching the lease. The landlord may not retain any portion of a security deposit to cover normal wear and tear.

The cost of fixing any damages to the property caused by the tenant or the tenant's guests. The cost of cleaning the unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in (less reasonable wear and tear).

"Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the

Concisely review the main facts and lay out the reasons your landlord owes you money. Include copies of relevant letters and agreements, such as your notice to move out. Ask for exactly what you want, such as the full amount of your deposit within ten days. Cite state security deposit law.

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Texas Letter from Landlord to Tenant Returning security deposit less deductions