If an owner returns the deposit but the tenant is disputing it, will the owner be responsible for 3 times the amount if

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If an owner returns the deposit but the tenant is disputing it, will the owner be responsible for 3 times the amount if

it is beyond the 30 days to return the deposit?

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Brianne Merck

Bronze

7 years ago

The landlord would need a reason as to why the deposit was not returned. If not, tenant can sue. If you feel it necessary, contact a real estate lawyer to help you decipher the property code and what you can legally do and not do.

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Mark McNitt

White Gold

7 years ago

Possibly, but it would likely have to be resolved in a courtroom or small claims court. If the landlord did not return the deposit within 30 days of the tenants leaving, then its fairly cut and dry that the landlord did not follow the contract and may owe 3x the deposit. If the landlord did return it within 30 days of the tenant leaving, but not all of it along with a list detailing why they kept some of the deposits, then it would be up to the tenant to pursue. Its NOT automatic in the 2nd e...

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Antonio Lechuga

Silver

7 years ago

If the landlord fails to return the security deposit or an itemized list of deductions within 30 days, law may allow the tenant $100, 3x the amount of the security deposit wrongly withheld, court costs, and attorneys fees. Section 92.109 property code

source:
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm

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J. Lindsey

Silver

7 years ago

There is no way to tell what the court would award on a dispute. On the last one I was privy to, the court simply determined who was supposed to have what bases on the evidence. Nothing punitive was awarded. Regarding late pay, all kinds of terrible things can happen if the LL doesn’t return the deposit by 30 days