Summary Judgment Improper in Fight Over Security Deposit

August 7, 2014

In this landlord-tenant dispute, the tenants sued the landlord for wrongfully withholding their security deposit in violation of Section 92 of the Texas Property Code.  The trial court granted the tenants’ motion for summary judgment, and the landlord appealed.  The Court of Appeals reversed, finding that there was a disputed issue of material fact as to whether the tenants provided the landlord with a valid forwarding address where the landlord could provide the written notice required by the statute.

Franzin v. Sauty