Q: My landlord refuses to return my security deposit! What do I do?
I am a disabled senior citizen. This landlord took full advantage of me. I lived nearly 3 years with no A/C in the summer (in Amarillo, TX!!??) & no heat from Feb. 2022 til I moved. (It gets worse!) empty promises to fix things... I finally gave notice & moved out on June 31st. 2022. After the final walkthrough, I returned the keys & we agreed on her returning my $500.00 deposit the following Tuesday. On Tuesday HER DAUGHTER, NOT HER, informed me I was receiving NOTHING. Followed by a slew of hateful, name calling, untrue text messages. Then a letter stating all kinds of fabricated damage etc. RYKM??!! I left that place so much better than when I moved in. Fortunately I have "before & after" pics & I've kept all the text messages. I'm beside myself. I'm in disbelief. I'm ANGRY! I was a good tennant, respectful & VERY PATIENT!! I'm bettin she's done this before. This CANNOT BE LEGAL!!! What do I do next? She doesn't get to do this again..
A:
Section 92.109 of the Texas Property Code describes your remedy. A landlord who in bad faith retains a security deposit in violation of the law is liable for an amount equal to $100, three times the portion of the security deposit wrongfully withheld, and the tenant's reasonable attorney fees in a suit to recover the deposit. The landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
Since your deposit was only $500, it may be very difficult to find a lawyer to work on such a small case, so you might consider filing it on your own in Justice of the Peace court. A Justice of the Peace court has jurisdiction of small civil cases where the amount involved is $20,000 or less. Most litigants in Justice of the Peace court do not use attorneys because of the small amounts involved compared to the legal cost of hiring a lawyer.
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