My question involves landlord-tenant law in the State of: Texas.

In August of 2007, I moved into an apartment and signed a lease with the landlord to end July 31st of 2008. In October I had to move back home out-of-state due to illness.

Before I left, I found a new tenant for the apartment. We signed papers with the apartment complex which made him my roommate, then he released me from the lease. On the contract with the complex, we agreed that I would transfer my security deposit to him and it would be released to him at the end of the lease contract term or renewal period. We agreed that arrangements to repay the prorated security deposit to me would be made between we and the subtenant separately.

To complicate matters, the security deposit includes an animal deposit, $150 of which is refundable and designated as a part of the general security deposit in the contract.

The subtenant and I communicated via facebook to come to an agreement on return of the security deposit. I received a prorated return of the security deposit I had paid minus the $150 for the animal deposit which he did not want to pay because he was not going to be living with a pet. I agreed that I would receive my animal deposit back from the apartment complex at the end of the lease (so the contract and our agreement conflict).

When I contacted him at the end of the initial lease period, he refused to return the $150 until the apartment complex returned it to him. The apartment complex informed me that they would not release it until his renewal period is over, even though I am no longer on the lease, because they don't release animal deposits when the animal moves out, but when all tenants vacate the apartment. (There were at least a few days between the time that I moved out and he moved in when the carpets were cleaned. Does this count as the apartment being vacated?)

Now, I have no information about when his renewal ends, if he keeps a pet or when I might expect a return of the $150. I have filled out a demand letter for the return of the security deposit from the Austin Tenants' Council and would like to send some sort of request for information on the lease so I can keep apprised of what's going on. (It took me 5 months to get the money from him the first time, and I knew where he was living then.) I just want to make sure he doesn't try to skip out on me.

I live about 4 hours away so I don't want to have to file in small claims court, but is that necessary at this point? Am I entitled to get my money from him at the end of the lease period that I signed in or at the end of his renewal periods (however long that might be...)? Should I pursue the landlord, the subtenant or both?

Thanks for reading the long post and your replies.