Q: Unclear if itemized letter of return of security deposit is valid.
It only lists a management company that I have never been informed of (the original mgmt company even says in text that they will send the security deposit disposition.) The letter does not even list the owners of the property's names. It does request payment over the security deposit which I plan to dispute with the mgmt company as false, however it does not list anywhere how to make this payment. No information about who to write a check to, no forwarding address on the envelope, no website link to send the money online. The only information at all is an email address of someone at the mgmt company to write any questions or disputes. It says that I have 15 days to make this payment. The letter, sent is regular mail, is post marked on the 28th day after my move out date and 26th date after I texted the original mgmt company my new address. I just want to know if this letter is acceptable as a valid security deposit itemized letter or if I should proceed as if no letter was sent.
A:
Thanks for asking your question. I will try to give you an informative answer. While the law with respect to return of security deposits does state some requirements, I am not sure whether the issues you set forth would be fatal to either recovery or defense, I will post LL/Tenant law with respect to security deposits and the respective obligations. I hope it is helpful to you.
See The Texas Property Code: SUBCHAPTER C. SECURITY DEPOSITS--Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.
Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) 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. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and (2) there is no controversy concerning the amount of rent owed.
Sec. 92.1041. PRESUMPTION OF REFUND OR ACCOUNTING. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date.
Sec. 92.105. CESSATION OF OWNER'S INTEREST. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired.
(b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.
(b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract.
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