We Represent Landlords & Tenants in Austin, Texas

An Austin tenant lawyer can help you evaluate what options you have when the landlord unlawfully withholds a security deposit. Typically, a landlord has to return the full amount of a security deposit minus reasonable expenses for repairs, within thirty (30) days of the tenant's last day. Whether in a house or in an apartment, the rules about withholding security deposits are the same for all residential units. A landlord who unlawfully withholds a security deposit can be held liable for up to three times the amount of the deposit. Additionally, the tenant can ask for the attorney's fees and costs incurred in attempting to recover the illegally withheld security deposit. 

It is important to consult with a qualified Austin tenant lawyer to evaluate your case. Every case is different and an Austin tenant lawyer can discuss your options. Ardalan Law Firm has experience pursuing landlords for unlawfully withheld security deposits. 

Texas law protects tenants who are being wrongfully evicted because they made a complaint or otherwise exercised their rights. If you were retaliated against as a result of making a complaint, be sure to contact an Austin tenant lawyer to review if you have a case. 

In part, Texas Property Code Sec. 92.331 states that a landlord may not retaliate against a tenant because they attempted to exercise their rights in good faith. For example, a landlord can't retaliate if the tenant is asking for repairs or maintenance to be performed. A tenant also is protected in reporting the landlord to a government agency for code violations.  

Some of the conduct that could constitute illegal retaliation:

(1) filing an eviction proceeding;

(2) depriving the tenant of the use of the premises, except for reasons authorized by law;

(3) decreasing services to the tenant;

(4) increasing the tenant's rent or terminating the tenant's lease; or

(5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. 

It's important to note that the Texas Property Code also establishes what cannot be retaliation. The most common example of non-retaliation is the landlord refusing to renew a lease contract. In an example where tenant made complaints about repairs that needed to be done and landlord complied, but afterwards refused to renew tenant's lease, tenant might not have a retaliation claim. Just because the landlord is not renewing a lease agreement is not sufficient to maintain a retaliation claim. 

What damages are available to victims of landlord retaliation?

Tenants may be entitled to one month's rent for each instance of landlord retaliation plus an award of actual damages. If the tenant had to relocate, the retaliating landlord may be obligated to pay for moving expenses and for any other incidental damages.

By far the most efficient way to terminate a lease is with the consent and agreement of the landlord or property manager. The first goal for any tenant lawyer is to reach an amicable settlement that includes early termination of the lease in a way that benefits both parties. Short of an agreement, there are many legal reasons to invalidate a lease. The following is a list of some of the protected reasons to end a lease early:

• A tenant or person on the lease is entering active military duty.
• The dwelling is uninhabitable because the landowner has not made necessary repairs.
• utilities are shut off.
• Any windows, doors or other fixtures are removed for a reason other than repairs. 
• Locks have been changed by the landlord for some reason other than non-payment of rent.
• A tenant or person on the lease is a victim of domestic violence or other crimes.
• A tenant or person on the lease has committed a violent crime against another tenant.
• The landlord has violated your privacy or harassed a tenant.

Most people terminating their leases do not fit under any of the above categories. The most common reason to end a lease are actually just needing more space for a growing family, moving for a job, or just dissatisfaction with the living situation. It is important to review your lease and consult with an Austin tenant lawyer to determine the best strategy to terminate a lease.