One of the most common areas of landlord tenant tension is the return or lack of return of a tenant's security deposit. I am a Texas Attorney who feels that there are landlords out there who give the majority of fair landlords a bad name by withholding the rental security deposit for no reason whatsoever than to make more money.

While attending college I was a victim of a security deposit scam and because it was difficult to find an attorney to take the case and the fact that it was a pain to coordinate my roommates to get something done, I was unable to make the case work. Don't lose your security deposit to a greedy landlord. I will try my hardest to get the bulk of your security deposit returned to you.

HELPFUL INFO

If you have fulfilled all of the conditions for the return of your deposit, then your manager is required to refund your security deposit and/or to provide you with a written, itemized list of any deductions within 30 days after you vacate. If you do not receive such information within 30 days, contact your property owner to see if there was an oversight. You may also want to send a second notice letter to your property manager.

If you do not agree with the property owner's deductions, discuss the issue with him/her. If the discrepancy is still unresolved, you may want to contact Adult, Graduate & Off Campus Student Services for further options. The requirements for return of your deposit are outlined in your lease or in the Security Deposit Agreement.

The requirements are usually as follows:

Complete your move-in inventory form within 48 hours of moving into the apartment.
Occupy the unit for the entire lease term.
Give written notice of intent to vacate at least 30 days prior to the ending date of the lease. Keep a copy that has been signed by the manager.
Clean the apartment in accordance with the manager's move-out cleaning instructions.
Pay all rent according to the terms in the lease.
Give your manager your forwarding address in writing. Within 30 days after you vacate the apartment, the manager is required by law to either refund the security deposit or furnish you with a written, itemized list of all the deductions.
Complete your move-in inventory form and walk through the empty, cleaned apartment with your manager.
Turn in all keys to the apartment and the mailbox.

When you receive your security deposit back, you should receive a detailed list of any deductions that were made!

The best way to get your money back starts when you move in.

First, be responsible while you are a tenant. Damages, extreme wear and tear can cost you most, if not all, of your deposit.
Second, document your move-in with great detail. Make sure your manager signs two copies of the move-in inventory. Keep one of those copies for your records!
A final hint is to use photos or video for documentation.
If you are subleasing your apartment, there are many other factors that determine the procedures for return of your security deposit.

--This content was created and approved for use by Rick Powell of Texas A&M University on June 19, 2006 at 3:50 p.m.

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I will represent both landlords and tenants in lease, rental, and security deposit disputes. Brian S. Laviage will fight for your rights to ensure that your interests are protected and a fair resolution is found.