Security Deposits (2024)

Security Deposits (1)

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Eviction & Other Landlord Issues

Information about residential tenant security deposits

Composed by Texas RioGrande Legal Aid • Last Updated on January 2, 2023

Here, learn about security deposits as well as steps you can take to ensure you get your security deposit back. It includes a link to a sample demand letter you can send to your former landlord.

Special thanks to the Austin Tenants Council for its contributions to this article.

What is a security deposit?

A security deposit is money paid in advance by the tenant to the landlord to cover potential property damage. Rent, application fees, rent paid in advance, and non-refundable fees are not considered security deposits. Unless you live in public or subsidized housing, there is no limit on the amount that can be charged as a security deposit.

From Security Deposits by Texas RioGrande Legal Aid.

Can I subtract the deposit from my last month’s rent?

No. Security deposits are separate from rent payments, and different laws apply. Always pay your rent. Not paying any part of the last month’s rent can make you liable to the landlord for three times the amount of rent you don’t pay. If you owe rent and there is no dispute over the amount you owe, the landlord can keep the security deposit for the amount you owe. If you move out before your lease ends, your landlord may subtract a reletting fee from your security deposit. There is no limit on the amount of the reletting fee, but if it is not reasonable, it might be illegal.

When can my landlord withhold my security deposit for damages?

The deposit can only be used to repair substantial damage to the property unless there are extra charges stated in the lease. Your landlord cannot withhold for damage caused by previous tenants or for everyday wear and tear to the property.

  • Normal wear and tear:A worn carpet, peeling paint, or dusty fixtures are examples.
  • “Substantial” damage: Damage due to accident, carelessness, or abuse of the property. A broken window, a hole in the wall, or a large carpet stain are examples. You are responsible even if a guest caused the damage.
  • Charges in the lease:Your lease may have special charges that can be subtracted fromthe security deposit. For example, if your lease says that you can’t paint the walls, but you do, some of your deposit can be withheld as a re-painting fee.

Before moving in: How can I get a refund of my security deposit?

  • Read the lease carefully for charges that might be withheld, like a re-painting fee. You can negotiate these before signing.
  • Do a walk-through inspection of the property with the landlord.
  • Take photos of existing damage or needed repairs.
  • Make a written list of existing damage. Sign the list and have the landlord sign it if possible. Make sure to give the landlord a copy of the list and keep another copy for yourself.

Before moving out: How can I get a refund of my security deposit?

  • Notice.Aleasemay require that thetenantgive thelandlord30 or 60 days' writtennoticebefore moving out to get thesecurity depositback. Carefully review theleasethree months before you plan to move: many landlords require 60 days'notice. Keep a copy of the notice.
  • If you didn’t give 30 days’ notice (or more), check your lease. Some leases include a requirement of written notice of move-out for a refund of the security deposit, but this must be underlined or bold print.

Move out day: How can I get a refund of my security deposit?

Do a final walk-through inspection with the landlord. Ask the landlord for a written, signed list of damage to the property, and keep a copy. If the landlord won’t do a walk-through, inspect the unit with a friend.

  • Take photos or videotape of the property and its condition.
  • Return all your keys to the landlord.
  • Givethe landlord your forwarding address in writing.It does not need to be where you live, only a reliable place to receive mail.Keep a copy of the notice. Your landlord has 30 days from the date you move (or the date you provide notice of your new address, whichever is later) to send a refund of your security deposit.

What if I’ve moved and my landlord still won’t refund my deposit?

Your landlord has 30 days from the date you move (or 30 days from the date you give written notice of your forwarding address) to refund your security deposit. If the landlord withholds for repairs, you are entitled to a written, itemized list of the damage and cost of repairs and the balance of your deposit after the repairs are subtracted. If you disagree with the deductions or your deposit is not refunded, you can sue in small claims court to recover the entire amount. Contact the Justice of the Peace court in the precinct where the property is located for instructions and forms.

You can also find information on how to sue in small claims court, along with links to small claims forms, atHow to Sue in Justice Court (Small Claims Court).

More Help

Find more help from theTexas Tenant Advisor. See also the Austin Tenants Council's article aboutsecurity deposits.

Form: Security Deposit Demand Letter

Use this security deposit demand letter to ask your landlord to give you your deposit back after you move out.

Related Articles

Related Forms

  • Security Deposit Refund Demand Letter

    Use this security deposit demand letter to ask your landlord to return your deposit after you move out.

  • Security Deposits (2024)

    FAQs

    How do I pass a security deposit entry? ›

    The person paying the security deposit would credit the asset account Cash and would debit the asset account Security Deposits. The person receiving the security deposit would debit the asset account Cash and would credit the liability account Security Deposits Returnable.

    How do you explain security deposit? ›

    It is a one-time deposit of money given to the landlord at the time of lease signing to ensure that rent will be paid and other responsibilities on the lease are performed. This covers the cost if damage comes to the house/apartment while the tenant is leasing it.

    What is the most a security deposit can be? ›

    By law, security deposits must be returned when the tenant moves out, minus allowed expenses. The law limits the amount of security deposits. o Until July 1, 2024, the limit is two times the monthly rent (or, for furnished units, three times the rent). o After July 1, 2024, the limit is one month's rent.

    Can I use my security deposit for last month rent in NY? ›

    New York City Rent Stabilization Code, Section 2525.4 Tenant Protection Regulations, Section 2505.4 New York City Rent and Eviction Regulations, Section 2205.5 New York State Rent and Eviction Regulations, Section 2105.5 Housing Stability and Tenant Protection Act of 2019 A security deposit should not be used as a ...

    Can you write a check for a security deposit? ›

    Personal checks

    Many landlords do accept rent and security deposit payments via personal check.

    What is deposit explained simply? ›

    A deposit is essentially your money that you transfer to another party, such as when you move funds into a checking account at a bank or credit union. In the case of depositing money into a bank account, you can withdraw the money at any time, transfer it to another person's account, or use it to make purchases.

    Are deposits refundable? ›

    In summary, a deposit is security for the buyer's performance of the contract. It is generally not refundable unless the contract expressly states otherwise.

    How do you classify a security deposit? ›

    Because security deposits are generally not considered rental income, they should not appear on your income statement or cash flow statement. Instead, include it as a liability on your balance sheet on the date you received it, since it's an amount you're planning to eventually return.

    What is the most a landlord can charge for a deposit? ›

    For unfurnished residential properties, the limit on security deposit amount is typically two months' rent. For furnished properties, the limit on security deposit amount increases to three months' rent. It is important to note that landlords cannot charge more than the legal limit for a security deposit.

    What is a reasonable deposit amount? ›

    the property's purchase price, and. your mortgage deal – most require a deposit at least 5% of the property's value.

    How to write a holding deposit agreement? ›

    Receipt and Holding Deposit Agreement. This will acknowledge receipt of the sum of $____________ by ____________________ ("Landlord") from ____________________ ("Applicant") as a holding deposit to hold vacant the rental property at ____________________, until ____________________ at ____________________.

    What happens if a landlord does not return a security deposit in New York? ›

    Filing suit in small claims court

    The clerks at small claims court can assist with your filing. Consider whether a small claims action is likely to result in a paid-up judgment if you win.

    How to write a demand letter for security deposit? ›

    What to Include in a Security Deposit Demand Letter
    1. the address of your rental and the dates you rented from.
    2. how much you paid for a security deposit.
    3. why you are entitled to a return of a portion or all of the deposit.
    4. the state laws that require a return of the deposit in a timely manner.

    How do you record a customer deposit in a journal entry? ›

    In your accounting journal, debit the Cash account and credit the Customer Deposits account in the same amount. Send an invoice to the customer for the work after it has been completed. Note on the invoice the amount of the deposit previously paid and subtract it from the total amount owed.

    What is the accounting entry for a refund deposit? ›

    Since a refundable deposit is cash that must be returned to the customer in the future, the company should debit restricted cash and credit the customer deposit liability account. When the deposit is returned to the customer, the customer deposit liability account is debited, and restricted cash is credited.

    How to treat security deposit in balance sheet? ›

    Security deposits aren't an expense. They are recorded on balance sheets as a liability. Only deductions used for repairs or unpaid bills are recorded as expenses in a Schedule E.

    How do I write off a security deposit? ›

    A landlord can only deduct certain items from a security deposit. The landlord can deduct for: Cleaning the rental unit when a tenant moves out, but only to make it as clean as when the tenant first moved in. Repairing damage, other than normal wear and tear, caused by the tenant and the tenant's guests.

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