Property Management
Under Texas Property Code, a residential landlord's failure to return a security deposit within the required time and without an itemized statement may result in the landlord:
ABeing required to pay double the deposit amount as a penalty
BForfeiting their right to withhold any portion of the deposit and potentially being liable for $100 plus damages and attorney's fees✓ Correct
COnly having to return the deposit with no other consequences
DBeing reported to TREC
Explanation
Texas Property Code Section 92.109 provides that a landlord who in bad faith retains a security deposit may be liable for $100, three times the portion wrongfully withheld, and reasonable attorney's fees. Failure to provide an itemized statement generally forfeits the right to withhold the deposit.
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