This is a new monthly column that attempts to answer simple but common legal questions submitted by the community. Topics will vary and this month’s focus is on Landlord/Tenant law.

For people who lease their residences, moving can be one of the most painful times of their lives. Below are some common questions consumers have when thinking about moving:

Q. In the past when I have selected an apartment property, I am often asked to fill out a standard lease produced by the T.A.A. Who is the T.A.A. and am I required to sign their lease or can I negotiate my own?

A. T.A.A. stands for the Texas Apartment Association, which is based out of Austin, Texas. The T.A.A. membership consists of mostly property owners and managers of apartment homes. Because their forms have been used so frequently in Texas, they contain language that has been refined over the years by state statutes and court decisions. Though renters are probably better served by using a T.A.A. lease, they are always free to negotiate their own terms and alter the document to reflect those changes.

Q. Sometimes apartment facilities request what I believe is an unreasonable deposit or monthly rent. Are my only options to decline the lease or pay this high amount?

A. No, the third option is to attempt to negotiate another amount. However, the strength of the rental market and the personality of the landlord may prevent any negotiation from being successful.

Q. My landlord promised to re-paint the walls in my apartment and replace the carpet before I moved in. When I showed up with all of my boxes nothing had been done. Is there anything I can do?

A. First, you are in better shape than others if you have the promise to repair in writing but if you don’t, you are not out of luck. The Texas Deceptive Trade Practices Act (DTPA) provides a remedy to consumers in this situation. Renters who have been misinformed of the quality of their apartment are entitled to three times their actual damages – the cost of new carpet and painting in this case– plus court costs and attorney’s fees. Tenants in this situation can bring their claim on their own in Justice or Small Claims Court or they can have an attorney bring it for them. In any event, before someone can bring a suit on this claim they must make a good faith, written offer to settle to the landlord and give them 60 days to respond before they file suit. If the property defects are so bad that they materially affect the tenant’s health or safety, then the tenant may also be able to deduct the cost of repair from future rent payments.

Q. It seems like every time I move out of an Apartment, I don’t receive some or all of my deposit in return. Is there anything I can do to get my money back? I left the place looking as good as it did when I moved in.

A. This is where most consumers feel they get cheated. The good news is that Texas has a law that requires landlords to refund a security deposit within 30 days after the tenant has moved out. If the landlord retains any of the deposit, it must also provide you with a written explanation of why within the 30 days. Tenants are only entitled to their deposit, however, if they complied with their lease, left the unit in good condition and left a forwarding address. Landlord’s may deduct reasonable cleaning fees but not costs related to wear and tear. Tenants who find themselves in this situation are entitled three times their damages plus $100. On the other hand, withholding some portion of the last month’s rent in lieu of receiving a deposit back is not acceptable under the law.