How do I get my security deposit back?
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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