I leased an apartment in TX for six months. Upon move out, I was told that my sec deposit was actually a risk fee, and is non-refundable.?

On top of that, I am being billed for cleaning fees that are for items that are considered normal wear and tear that have to be addressed between leases. Does anyone know if this is legal?

13 Answers

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  • 28AKO
    Lv 5
    5 months ago

    did it state your security deposit was nonrefundable when u 1st signed your lease/ do you have a copy of original lease? If you paid a security deposit that was the same amount as rent you were charged then that's probably a lie and illegal. But if u paid a security deposit less than what the rent was the leasing office is correct

  • R P
    Lv 7
    5 months ago

    Did you bother to read your lease AND the receipt for the money you gave to the complex? The receipt will tell you if the money was a non-refundable fee or a deposit. Your lease should specify that as well.

    The tenant is responsible for returning the unit in the same or better condition than when he moved in. If it was clean when you moved in, but you didn't clean when you moved out, you will be charged for cleaning the unit. "Normal wear and tear" are things like minor traffic patterns in the carpet or slight fading of the paint; it does NOT include dirt on or holes in the walls or stains in the carpet.

    Source(s): FL landlord
  • 5 months ago

    You'll have to sue them.

  • 6 months ago

    Landlords are entitled to general cleaning fees and if there is carpet, for professional cleaning of the carpet, which is how the carpet should have been when you moved in. You are expected to return the unit in a like condition. If you think there should be ANY wear and tear in just six months, then there is something wrong with you. Think again. Normal wear & tear takes YEARS. I cannot think of ANYTHING that would be considerably worn down or worn out after just six months. He can call the security deposit a risk fee if he wants to. Any way you look at it, he is entitled to use it for the cleaning and for any damages sustained while you rented there. If the fee you paid does not cover it all, expect to be sued for the balance owing. If it covered it and there is left over money, in most states, if not all, he must refund you the balance. The time allotted varies from state to state but you are likely due some refund if there is money left. Where he can keep it and not refund it - I don't know.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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  • 6 months ago

    I do not know TX law on the nonrefundable fee part. That is not legal in many states. If it is indeed illegal in TX then it does not matter what is stated in the lease. Any clause in a lease that violates the law is not legally enforceable. If it is illegal then all you can do is sue them.

    "cleaning fees that are for items that are considered normal wear and tear that have to be addressed between leases." WRONG! Cleaning is not wear & tear. Landlords are not legally required to clean between tenants. Yes they should but it is not written into the law in most areas. If you fail to leave the unit in clean & rent able condition they have every right to charge you for what ever cleaning you failed to do.

  • Judy
    Lv 7
    6 months ago

    no it's not...............................

  • Pearl
    Lv 7
    6 months ago

    i would talk to a lawyer about it, they would know if its legal or not

  • Andy C
    Lv 7
    6 months ago

    Yes, if it says it in the contract. Do you have a copy of your lease to prove otherwise?

    Bc, if you can, I think Texas is a state that "punishes" refusal to return security deposits without explicit proof of cost of repairing damage by 3x the security deposit amount.

  • 6 months ago

    May not be but most people won't fight it in court. Landlords like this suck!

  • 6 months ago

    What does the lease say?

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