Getting Your Security Deposit Back in Austin
You paid a security deposit when you moved in. Texas law says how and when you get it back. This guide covers each step. It also lists free help in Austin.
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A security deposit is money you pay up front to protect the landlord if you break the lease. It is not rent. It is not an application fee. If you follow the rules, you have a right to get it back.
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Texas has no cap on how much a landlord can charge as a deposit. Public or subsidized housing is the one exception. Ask about the amount before you sign the lease.
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Take photos of the whole home on the day you move in. Write down every problem you see and keep a copy. Do the same on the day you move out. Photos and lists are your proof if there is a fight later. On move out day, return every key to the landlord. Ask the landlord to walk through the home with you. Ask for a signed list of any damage and keep a copy.
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Give your landlord your new mailing address in writing when you move out. The landlord can wait to pay you until you do. You do not lose your deposit if you forget. You can still send the address later and ask for your money. Your landlord may take money out of the deposit for damage you caused. The landlord may also take out charges the lease says you owe.
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If your landlord keeps any part of the deposit, you must get a written list of every charge. The list must come with the rest of your money. The landlord can skip the list only if you still owe rent and you both agree on that amount. Never skip your last month of rent and tell the landlord to take it from the deposit. Texas law can make you pay 3 times the rent you held back. You could also owe the landlord's lawyer costs if taken to court.
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Your landlord must return your deposit within 30 days after you move out. The 30 days start on the day you hand the home back. Some leases say you must give notice before you move out to get your deposit back. That rule counts only if the lease shows it underlined or in bold print.
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If 30 days pass with no money and no list, send your landlord a demand letter. A demand letter is a short note that asks for your money by a set date. Free sample letters are online. Send it in a way you can track and keep a copy.
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If the letter does not work, you can sue in justice court without a lawyer. Justice court is a low cost local court for money disputes. You can ask for up to $20,000 there. File in the area where the rental home sits.
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The Austin Tenants Council has housing advocates that give free advice on deposit fights and other renter problems. Call 512-474-1961 to talk with an advocate. Texas RioGrande Legal Aid gives free legal services to low income renters and can be called at 1-888-988-9996.
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Volunteer Legal Services of Central Texas matches low income renters with free lawyers. It has served the Austin area since 1981. Call 512-476-5550.
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