Title: Houston Texas Letter from Tenant to Landlord for Failure to Return Prepaid Rent and Security Deposit Keywords: Houston, Texas, letter, tenant, landlord, failure, return, prepaid rent, unearned rent, security deposit, recoverable Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a serious matter regarding the return of my prepaid rent and security deposit, which I am yet to receive despite fulfilling all necessary requirements for their refund. As a tenant in your property located at [Property Address], I believe it is within my rights to request the immediate return of these funds. As you are aware, I entered into a lease agreement on [Lease Start Date], which stipulated that I would pay a security deposit and prepaid rent for the duration of my tenancy. The specific amount paid for both these deposits, as mentioned in the lease agreement, was [$XXX]. My lease officially ended on [Lease End Date], and I have vacated the premises in compliance with all lease terms. I conducted a thorough inspection of the property alongside yourself or your representative on [Move-out Inspection Date], during which we documented the condition of the premises. It is worth noting that there were no outstanding damages or needed repairs that would justify withholding any portion of my prepaid rent or security deposit. Under the laws and regulations governing rental property in Houston, Texas, it is clearly stated that these deposits must be returned within a specific timeframe, typically 30 days after the termination of the lease. It is now well beyond this timeframe, and I find it necessary to request immediate compliance with the law and the return of the aforementioned funds. Failure to return these funds could initiate legal and administrative actions, including filing a complaint with the [relevant housing agency or local jurisdiction] and pursuing a legal remedy in a court of law. I sincerely hope it does not come to that, as I believe a resolution can be reached amicably. I kindly request that you promptly refund the entire prepaid rent and security deposit, totaling [$XXX], to the address listed below within [reasonable timeframe — suggest 7-14 days] from the receipt of this letter. Failure to comply within this timeframe may result in further action on my part. [Your Full Name] [Your Current Address] [City, State, ZIP Code] I trust that you will handle this matter with urgency and professionalism, as it is in both our best interests to resolve this issue promptly. I eagerly await your prompt response and a positive resolution. Should you have any questions or require additional information, please do not hesitate to contact me at [your phone number] or [your email address]. Thank you for your attention to this matter. Sincerely, [Your Full Name]
Houston Texas Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant
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FAQ
Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.
Go to court: Sue your landlord to make the repairs and for damages. A court can order your landlord to make repairs, reduce your rent from the date you asked for repairs, award you damages caused by failure to repair, damages of one month's rent plus $500, court costs, and attorney's fees.
This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.
State law requires the landlord to refund deposits within 21 days of the tenant vacating the unit. What Constitutes a Security Deposit: Before a tenant moves in, a landlord may ask for some type of deposit.
You'll need to take your landlord to the small claims court to get your money back. You'll usually have to pay some court costs to go to small claims court - you should get the costs back if you win your case.
What is landlord harassment? Landlord harassment is when a landlord or property manager willingly creates a situation where a tenant feels uncomfortable, so uncomfortable that they wish to move or terminate a lease agreement.
Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
A landlord can only deduct from the deposit for damages. If you move out of a rental property after 10 years, don't allow the landlord to deduct the cost of paint and carpet from your deposit ? it's against California law.
Mail your landlord a letter requesting that she return your deposit. Be polite and simply inform the landlord that you have vacated the property and would appreciate the return of your deposit once she has had a chance to complete any checks and paperwork.
Texas courts have held that a landlord may not enter your home unless you allow the entry or the lease gives the landlord specific reasons to enter. Study your lease to determine when the landlord may enter your home.
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If the tenancy has been terminated for nonpayment or breach of any other agreement resulting in termination, the landlord shall be required to return the security deposit. An owner, other than the landlord, may deduct from the security deposit all expenses, but not less than reasonable wear and tear, reasonable use and storage, and fair value of other property not owned by the tenant or any member of his or her household. A rent increase by one dollar or for any reason other than a rent increase authorized by this section may only be made in an agreement between the tenant and the landlord. This provision does not apply to a landlord or the landlord's employees or agents. The law requires an increase in rent in the amount of one dollar in amounts of twenty-five dollars or more, unless otherwise authorized by the Rent Stabilization Ordinance.
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