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Under TREC rules, a broker operates a property management division and holds tenant security deposits in the trust account. A tenant moves out and the landlord instructs the broker to withhold the entire security deposit for alleged property damage. The tenant disputes the damage claim. Under TREC rules, what should the broker do?

Correct Answer

D) Follow the Texas Property Code requirements for security deposit disposition, including providing the tenant with an itemized accounting and retaining only documented deductions

Under the Texas Property Code §92.103-109, security deposit disposition must follow specific statutory procedures. The landlord must provide an itemized list of deductions and return any refundable portion within 30 days. The broker must comply with these legal requirements regardless of the landlord's instructions.

Answer Options
A
Release the full deposit to the landlord immediately as instructed, since the landlord is the broker's client
B
Split the deposit equally between the landlord and tenant to resolve the dispute quickly
C
Return the full deposit to the tenant because tenants always have priority in security deposit disputes
D
Follow the Texas Property Code requirements for security deposit disposition, including providing the tenant with an itemized accounting and retaining only documented deductions

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Related Topics & Key Terms

Key Terms:

security_deposittenant_disputetexas_property_codeitemized_accounting
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