How do I get my security deposit back?

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03/11/2014 | Author: TAR Legal Staff

My son graduated from college and moved out of the condo he was renting with three roommates. The three roommates plan to continue living in the condo. The property manager won’t return my son’s share of the security deposit until all the tenants in the condo move out. Is that legal? The lease my son signed is the Texas Association of REALTORS® Residential Lease.

The property manager’s actions are legal. Though a landlord must refund the security deposit and/or provide an itemized list of all deductions on or before the 30th day after the tenant surrenders the rental property, the Texas Association of REALTORS® Residential Lease considers the property to have been surrendered when all occupants have vacated the property. 

Even if your son moved out of the condo, returned the keys, gave notice of termination, provided a written forwarding address, and was not delinquent in rent, he is not yet entitled to the security deposit because his three roommates have not vacated the property.

Your son can appeal to his former roommates to get his portion of the security deposit from them now. In that scenario, all parties should realize that the final accounting of the security deposit will occur after the last of the remaining tenants surrender the property.

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Categories: Legal, Sellers, Landlords, Renters
Tags: legal, legal faq, consumers, property management, renters, leasing


Scott Jones on 07/18/2015

Hi, My question is in regards to persons who are not members of the Texas Association of RealtorS but are using the following forms : TAR-2001 1-1-12,TAR-2004 10-4-03, TAR-2005 , TAR-2004 10-14-03.  The TAR-2001 Itself is out dated who should be notified the Texas Association of Realtores or zip-form to deal with copy right issues and so this landlord can be told it is illiegal what he’s doing.

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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