Security deposit disputes and lease disagreements are among the most common legal issues tenants face in Kingwood, Texas. Many renters are unaware that Texas law strictly limits what landlords may deduct from a security deposit and requires landlords to follow specific timelines and documentation rules when returning deposits or enforcing lease terms.
The Kingwood Office of the Law Office of Bryan Fagan, PLLC helps tenants in Kingwood understand their rights related to security deposits, lease enforcement, and unfair charges. Knowing the law can help tenants recover money owed, avoid improper fees, and resolve disputes before they escalate into eviction or legal action.
What Is a Security Deposit Under Texas Law?
A security deposit is any advance of money, other than rent, intended to secure a tenant’s performance under a lease. Texas law applies regardless of how the deposit is labeled, including pet deposits, cleaning deposits, or damage deposits.
Security deposits may be used only to cover:
- Unpaid rent (if legally owed)
- Damage beyond normal wear and tear
- Other lawful charges specifically authorized by the lease
A landlord cannot keep a security deposit as a penalty or without legal justification.
Landlord Obligations for Returning Security Deposits
Under the Texas Property Code, landlords must:
- Return the security deposit within 30 days after the tenant moves out
- Provide an itemized written list of deductions if any portion of the deposit is withheld
- Refund any remaining balance promptly
Failure to comply with these requirements may expose the landlord to statutory damages, court costs, and additional liability.
What Landlords Can and Cannot Deduct
Permissible Deductions
Landlords may deduct for:
- Unpaid rent when legally owed
- Damage caused by tenants beyond normal wear and tear
- Cleaning or repairs required due to tenant damage
- Charges clearly authorized by the lease
Improper Deductions
Landlords may not deduct for:
- Normal wear and tear
- Routine repainting or carpet replacement from ordinary use
- Pre-existing damage
- General maintenance costs
- Repairs unrelated to tenant conduct
Improper deductions are a frequent source of disputes in Kingwood rental properties.
Bad Faith Withholding of Security Deposits
If a landlord wrongfully withholds a security deposit or fails to provide an itemized list, Texas law may allow tenants to recover:
- The full deposit amount
- Additional statutory damages
- Court costs and, in some cases, attorney’s fees
Bad faith may include ignoring deadlines, exaggerating damage claims, or making unsupported deductions.
Understanding Lease Disputes
Lease disputes arise when either the tenant or landlord fails to comply with the lease agreement or Texas law.
Common Lease Disputes Include:
- Early lease termination disagreements
- Rent increases not permitted by the lease
- Unauthorized fees or penalties
- Repair and maintenance responsibility conflicts
- Lease renewal or non-renewal disputes
Leases are legally binding contracts, and both parties must follow their terms.
Breaking a Lease Early in Kingwood
Tenants may have legal options to end a lease early in limited situations, such as:
- Unsafe or uninhabitable living conditions
- Landlord’s failure to make required repairs
- Military service protections
- Domestic violence, sexual assault, or stalking protections
- Lease provisions allowing early termination
Ending a lease improperly can result in financial liability, so legal guidance is strongly recommended.
How the Kingwood Office Can Help
The Law Office of Bryan Fagan, PLLC assists Kingwood tenants with:
- Recovering wrongfully withheld security deposits
- Reviewing and disputing itemized deduction statements
- Resolving lease disputes
- Enforcing lease terms
- Negotiating early lease termination
Our Kingwood Office focuses on protecting tenant rights under Texas law.
