El Paso, TX asked in Landlord - Tenant for Texas

Q: Can you provide services for a deposit that has not been returned. I moved out in Jan 2024 and as of 4/18 I have nothing

I moved out Jan. 2024 and still havent received anything. I have sent emails and I had the run around. I also went into the office to ask questions and they said everything is processing. That was March 22nd. I am reaching out for help since I havent received an itemized statement of deductions or my deposit. I believe its supposed to take 30 days to receive something and it has been 78 days

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: The most common issue in a case involving the delay in issuing a refund of a security deposit is proof that the tenant gave the landlord a written statement of the tenant's forwarding address. Section 92.107 of the Texas Property Code makes this a condition precedent to the landlord's obligation to refund the security deposit. This section requires an actual mailing address--not an email address, Zelle or CashPay etc. link, or a promise that the tenant will stop by and pick up a check. An actual mailing address.

Assuming you gave your landlord a written statement of your forwarding address, the landlord has a duty to make a refund of your security deposit, with an itemized list of any deductions, within 30 days.

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