Texas Commercial Litigation Legal Questions

You have legal avenues to regain your security deposit under the Texas Property Code.  I have copied below applicable Texas Property Code statutes dealing with security deposits for commercial tenancies.  Sec. 93.011 states what a commercial landlord’s liabilities are for retaining a security deposit in bad faith.  I suggest writing your former landlord to make a demand of your deposit and sending the letter certified and regular first class mail.  You may benefit from having an attorney write or at least review your demand letter before sending it out to your former landlord. In the event a lawsuit becomes necessary, you will have proof of having taken every possible avenue to settle the dispute before seeking judicial intervention. If you would like to retain Harris Law Firm to help with this legal matter, then please contact my assistant at 972-974-5873 for an appointment.   If you live outside of our area of practice, we can still help you with pre-litigation matters (such as reviewing or writing your demand letter).  Sec. 93.005. OBLIGATION TO REFUND SECURITY DEPOSIT. (a) The landlord shall refund the security deposit to the tenant not later than the 60th day after the date the tenant surrenders the premises and provides notice to the landlord or the landlord's agent of the tenant's forwarding address under Section 93.009. (b) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Sec. 93.011. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this chapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees incurred in a suit to recover the deposit after the period prescribed for returning the deposit expires. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this chapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. (c) In a suit brought by a tenant under this chapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (d) A landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is presumed to have acted in bad faith.... Read More