Q: 2.5 years have passed since lease ended. there was an issue with landlord withholding deposit. Can I still file suit?
Unreasonable charges were not itemized. Was not informed or allowed to be present during inspection. Wife was pregnant and we were moving and changing jobs. My concern is whether too much time has passed now for me to sue.
A:
You have three years from the date that the landlord was required to return the security deposit or provide you with written notice and an accounting of how your security deposit was applied to the damages/rent claimed owing. That usually means, the earlier of 45 days from the end of the tenancy, or the date the landlord provided the written accounting. You should familiarize yourself with Real Property Code 8-203.
https://govt.westlaw.com/mdc/Document/N4F7BE881584F11E6A483DFBDA551E575?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
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