Landlord/Tenant security deposit

[Alex White]

What happens if the landlord is late past 30 days on returning your security deposit? It’s 31 days now

[Peter M.]

I am assuming you are in Texas based on your heading. Read Property code 92 Chapter C Sec 92.101 Are you the tenant or landlord in this situation? 

The check must be postmarked before the 30th day so it could still be in the mail. There must be a full accounting of any deductions from the deposit if not returned in full.

Tenant must provide a forwarding address so the landlord has 30 days from the date they provided the forwarding address. This is a risky loophole for a landlord to try to exploit because a judge may consider it bad faith but it is the law. JP court however is not black and white so its a toss up. 

If tenant acts in bad faith by withholding last months rent because they think the "deposit will cover it", they are liable for 3 times the monthly rent plus attorney fees.

If the landlord acts in bad faith he is liable for $100 fine, 3x the amount wrongfully withheld, and attorney fees for the tenant if the tenant brings a suit. 

If you are the landlord, send the deposit and accounting of any deduction ASAP. If a tenant tries to bring suit that you were past due 1 day you can argue you were not acting in bad faith, just an error. Prove to the judge you corrected it as soon as you realized it and it would probably be dismissed, you may have to pay the teanants court fees but probably wouldn't get slammed with the 3x part.

If you are the tenant contact the landlord and ask why your haven't received the deposit back. Be civil but if you throw some property code references in there you should at the very least get them to pay attention to you and know you are not messing around. If you never gave a forwarding address send it ASAP then start counting 30 days again. If you gave an address and never got the deposit or an accounting of why they kept it you could have grounds for a lawsuit. You can represent yourself or hire a lawyer but just know the max you will get back is 3x the deposit. Is it worth it?