My landlord is saying my pet deposit is not refundable. My lease doesn't say the deposit isn't refundable. Is that legal in the state of Texas?
by 
Tricia43
ANSWERS: 4
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I see this never got answered..back from Jan 2006..bummer! I'm not sure about Texas...you'd have to contact a "Landlord/Tenant hotline" to be sure, but I doubt that it would be legal to hold a deposit that DOES NOT STATE that it is non-refundable. Unless there were damages from that situation... hope your's turned out ok.
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Does your lease say it IS refundable? Because if not, then you're SOL
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In Texas it depends on the lease agreement. If you use a Realtor for example then the Pet Agreement TAR-2004 can be part of the TAR (Texas Association of Realtors) lease agreement. PAR B. is used for the consideration paid to the landlord for pets. PAR B. (3) is used for a one time non-refundable payment. In Texas the Texas Property Code governs deposits for rental property. The Pet Agreement calls for a non-refundable payment not a deposit. In Texas, if you are not a Realtor and wanted to include a non-refundable pet deposit in your lease then, in my opinion, you would need a lease agreement that also allowed for a non-refundable payment in lieu of a deposit for the pet. The key word is PAYMENT. Don M. A Texas Realtor and Property Manager.
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Read your lease! If your lease calls for a pet deposit then I think the landlord must treat it as a normal deposit. He would need to let you know in writing of any deductions that would be made against the deposit. Provided you have given the landlord your forwarding address (Texas) in writing then the landlord has 30 days to refund the deposit less any deductions provided you have complied with the terms of the lease. Keep in mind that, as an example, past due rent can be deducted from the deposit too. If you do not agree with the deductions then you can sue him in small claims court. A smart landlord will follow the law (Texas Property Code and the lease agreement) and will be able to show a Judge why the deductions were made and you will lose your case. The key here is if the landlord did it right. Don M. Texas Realtor and Property Manager
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