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What happens if the landlord keeps my deposit and won't give it back?

Answered for: Texas

Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter 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 in a suit to recover the deposit. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (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 an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

A landlord who in bad faith keeps a security deposit is liable for $100 plus three times the portion wrongfully withheld plus the tenant's reasonable attorney's fees. Missing the 30th day for either the refund or the itemization creates a presumption of bad faith, and in a tenant's suit the landlord carries the burden of proving any retention was reasonable.

This answer is true in Texas and nowhere else on this site. Another jurisdiction is another answer, or an honest gap: see what has been read for Texas.

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