Tenants often ask if the landlord must give back the security deposit they were given at the beginning of the lease. Sections 92.101 through 92.110 of the Texas Property Codedescribe the legal protections tenants have when they pay a security deposit.Section92.103states:
the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
However, Section 92.107 provides an exception to this:
Thelandlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.
The same section states that even if the tenant does not provide a forwarding address to the landlord, the tenant does not give up their right to a refund. The tenant may still pursue legal action.
If a tenant who paid a security deposit to a landlord believes that it is being withheld in bad faith, the tenant has a few options. If the tenant moved out andthe security deposit or itemized list of deductions is not mailed to them within 30 days of moving out, they can sue.Section 92.109 allows the tenant to sue the landlord to recover “three times the portion of the deposit wrongfully withheld” plus other fees.
When less than $20,000 is involved, the tenant can sue by going to the local justice of the peace office (justice court). These suits often do not involve attorneys. For more information on filing suit in justice court, please see our guide to Small Claims Cases.
Before a tenant files suit, the Austin Tenants Council recommends sending a refund demand letter to the landlord. Both parties may also want to consider mediation before going to court. Taking those steps could lead to an resolution that does not require going to court.
FAQs
According to New Jersey landlord-tenant law, landlords have the right to collect rent payments when they're due, use the security deposits to cover damages that exceed normal wear and tear and provide safe eviction procedures if the tenant fails to pay rent or violates the lease.
How much time does a landlord have to give a tenant to move out in NY? ›
In New York 5 Page 9 City, 30 days' notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.
Can a tenant refuse entry to a landlord in NY? ›
Tenants have the right to privacy in their rented homes and can refuse entry to landlords who do not provide proper notice or have an illegitimate reason for entry. If this right is violated, tenants can take legal action to prevent continued violations and potentially seek damages.
What rights do renters have in New York state? ›
In New York City, tenants have many rights relating to the safety and quality of their housing. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Laws protect tenants from harassment and discrimination.
Which of the following actions by a landlord would be illegal? ›
Illegal Actions for Landlords
Making unlawful entries into the rental unit without consent, proper notice, or emergencies. Engaging in housing discrimination against protected classes of tenants. Failing to make necessary repairs to maintain habitable living conditions.
How long does it take to evict a tenant in NJ? ›
New Jersey Eviction Time Estimates
| Action | Duration |
|---|
| Eviction hearing | 10-30 days after issuance of summons |
| Issuance of warrant of removal | 3 business days after judgment is entered |
| Time to quit after warrant is posted | 3 business days |
| Total | 3 weeks – 3 months |
4 more rowsNov 3, 2023
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
What is the new eviction law in NY? ›
Good Cause Eviction is a New York State law that went into effect on April 20, 2024. It gives some tenants of unregulated (also known as “market rate”) homes in New York City new protections.
What rights do squatters have in NY? ›
Squatters have rights in New York under the legal principle of adverse possession. This allows individuals who openly occupy and maintain a property for a specific period to potentially gain legal ownership, even if they initially entered illegally.
Can a landlord enter without permission in NJ? ›
In general a landlord does not have the right to enter the residential rental premises without consent of the tenant or a judgment from the Superior Court of New Jersey. Even if given legal authority to enter the rental premises, the landlord may only enter in a peaceable manner.
New York City's Housing Maintenance Code defines harassment as an act or omission by a landlord that causes or intends to cause you to leave your home or give up your rights as a tenant.
How much notice does a landlord have to give if not renewing a lease in NY? ›
the landlord of an intention not to renew the lease. (General Obligations Law § 5-905). If you have lived in your apartment for less than one year, or have a lease for less than one year, your landlord must provide you with 30 days advanced notice before raising your rent or not renewing your lease.
How long can a tenant stay without paying rent in NY? ›
If the tenant doesn't pay the rent or move out, the landlord can file an eviction lawsuit with the court at the end of the 14 days. (N.Y. Real Prop. Acts § 711(2) (2023).)
Can a landlord terminate a month-to-month lease without cause in NY? ›
The termination notice does not need to specify why the landlord seeks possession of the apartment. Month to Month tenancies can be terminated by either the landlord or the tenant, for any reason, or for no reason at all, except if the reason is retaliatory (RPL 223-b).
Do I have to give my landlord a key to my apartment in New York? ›
One question we often get is, “Do I have to give my landlord a key to my apartment?” New York Multiple Dwelling Law 50-1 says that you can install your own lock but if you do, you have to give the landlord a copy of the key. There may also be a provision in your lease that requires that you give the landlord a key.
Can a tenant refuse entry to a landlord in NJ? ›
A landlord may request entry to a rental unit to perform other services or to show the unit for re- renting or sale. However there is no law that obligates a tenant to allow a landlord access to the rental premises for purposes other than inspection, maintenance and repair.
What is considered landlord retaliation in NJ? ›
Those include: Terminating a tenancy or filing an eviction lawsuit; Increasing the rent; or, Decreasing services, such as locking the laundry room.
How much notice does a landlord have to give a tenant to move out in NJ? ›
But if they stay in the property even a day after their lease/rental agreement ends and have not arranged for renewal, landlords can issue a written notice to the tenant to move. Some of the notices include a 7-Day Notice to Quit, a 30-Day Notice to Quit, or a 90-Day Notice to Quit.
What are the duties of a landlord in New Jersey? ›
Residential leases carry an “implied warranty of habitability.” This means that a landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities.
