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question regarding security deposits

We gave our notice to our landlords this week. Tonight I got an email back acknowledging that they received our letter and outlining the "process" for our security deposit.

We paid a $1250 security deposit. She is telling me that at the most we will get $900 back, as $350 is used for cleaning and minor repairs. Anything above $350 will be deducted from the $900 and the balance, if any, will be returned to us.

Can they do that? Automatically keep $350? We've lived here for 4 years, so naturally there are things that are going to need to be spruced up and taken care of before it's rented out again, but we've cared for this house as if it were our own. There aren't holes in the walls or broken cabinets. The carpet is worn, and needs to be replaced, but this house is 7 years old and this is the original, builder grade carpet. And the wear in the carpet is in the entry hall, the most highly used area in this entire house.

I'm so irritated right now. Overall, they've been decent landlords. But I have a feeling that moving out is going to be a nightmare.

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Re: question regarding security deposits

  • Your lease should state when and how much of the security deposit should be returned.  The house I leased in Austin had a $200 non-refundable portion of the deposit that went toward cleaning.
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  • They can not charge you for wear that's within the standard expectancy for the house. However you have to return it in the condition found. So if the carpets were cleaned before you moved in, they can charge you to clean them on move out. Take lots of pictures and keep notes.
  • Like PP said, check your lease agreement.  If it is stated in the lease agreement that $350 is deducted from the deposit, then I don't think there is much you can do about that. 

    We just moved out of a rental and had to clean the carpets, repaint the walls (not all just spot touch places), and clean.    They have 30 days after you turn in your keys to return the deposit, so I'm still waiting for ours, since we took a while to get everything done.

    They can't charge you for replacement of carpet if it is just normal wear and tear.   I looked up the laws on rental deposits in Texas and made sure to state the law in my 30 day notice.   I wanted them to know that I know what my rights are and they won't be taking advantage of me. 

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  • bpaullo- if you don't mind I'm going to email you with some questions. I just looked at our lease and there's nothing in there that I can see that says they can keep any of our deposit unless it's for repairs outside of normal wear and tear. Now I'm super irritated.
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  • imageKimmer123:
    bpaullo- if you don't mind I'm going to email you with some questions. I just looked at our lease and there's nothing in there that I can see that says they can keep any of our deposit unless it's for repairs outside of normal wear and tear. Now I'm super irritated.

    I'm happy to take a look

  • you're really at the mercy of how douchey your landlord is. the last (hopefully last forever!) house i rented, he kept my entire security deposit even though i did everything on his list repair wise that he said i needed to do to get it back.....i probably could've taken him to small claims, but it just wasn't worth my time. 8 yrs later, it still chaps my arse

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