Comment of the Day: Deposit No Return

COMMENT OF THE DAY: DEPOSIT NO RETURN “Security deposits are dangerous things in Texas and they should only be provided along with the first month’s rent when you pick up the keys. Otherwise you may be spending a long time in our court system and even then may not get it back. Of course in this case you would have to sue to get the rent and the deposit back and even then you might not. It would depend on whether the landlord’s attorney convinced the court that you and the ‘other tenants’ had agreed to live in a commune. If you thnk that is impossible you obviously have not ‘enjoyed the pleasure’ of our court system in Texas. He who has the most convincing attorney wins. And the sleaziest landlords usually have the sleaziest attorneys who are in the courtrooms every day and so they have some ‘standing’ that you don’t. Not to mention that they, or their law firm PAC, have usually written a nice check or two to the judge’s campaign fund. Texas has always been a ‘buyer beware’ state. As well as a ‘renter beware’ state.” [Matt, commenting on Serial Renter Meets His Match]

2 Comment

  • Its true Landlords can walk away with your deposits, but its not only the case before you move in. Its also the case when your landlord is foreclosed on and your deposit is now missing. Its best to lease from a reputable property management company that holds the security deposits in Escrow and does not hand them over to the Landlord. Ask your Realtor where the deposit goes. If they tell you it goes to the Owner, you may want to think twice or do a little research on the Owner before leasing from him/her.

  • Define “reputable property management company.” And while you’re at it, define “reputable Realtor.”