Landlord past due on security deposit/deduction list

[stevenw1980]

My landlord has not sent me my security deposit or a list of deductions for any damages. Texas law says she has 30 days. I tried to call my landlord to ask about it, and the response I received was "You have to be kidding" and then she hung up on me. I was expecting to lose a couple hundred of dollars from the deposit, for some very minor issues, but overall the place was in the exact condition I rented it in.

I owe no rent, gave my notification to move out ahead of the mandated time in the lease, and gave her my forwarding address in writing and email, both before the 30 days required by the lease.

Will she be able to claim in court when I sue that there were damages equal to my deposit, or the fact she missed the deadline to give me notification void that?

 

[Gail_in_Georgia]

Attached is a review of the security deposit law in Texas:

http://www.dallaslandlordlawyer.com/handling_security_deposits.htm

How far beyond the 30 days are we talking about?

Gail

 

[stevenw1980]

Seven days so far. When I called yesterday she just hung up on me. I doubt this issue can be resolved without going to court.

 

[Gail_in_Georgia]

Very likely so. Most of these cases are heard in Small Claims Court (or your states version of the same) as they involve relatively small amounts of money.

I'd suggest you begin by sending your former landlord what is known as a "demand" letter, demanding the full return of your security deposit by a certain period of time (say, 2 weeks) based on the fact that she has not notified you of the status of this within the required 30 day time period. Cite the statute that requires this and state that if this is not received by the time period you will consider filing a lawsuit for this money.

Gail

 

[mightymoose]

I haven't looked at the Texas statute, but I believe these statutes usually include a pretty stiff penalty for landlords that do not take care of business.
Typically you would be able to collect double or triple the amount of your deposit. Check your Texas statute so you are prepared and know how much to ask for when the time comes. You won't get what you don't ask for.

 

[army judge]

OP, landlord-tenant matters are heard in Justice if the Oeace courts in Texas.

Make sure you sue the landlord in the JP court that has jurisdiction not theJP court that may be nearer to her home. The JP court that has jurisdiction must be in her county and precinct where her home is located.


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[dickg]

I think this may be an easy one. Under the security deposit provisions in Texas if the landlord is charged with unlawfully holding your security deposit and the tenant can prove his/her case in court the tenant is entitled to $100.00 plus three times the amount of security deposit held...PLUS ATTORNEY FEES. This one begs you to see a good tenant attorney. Most will hear your case for free and if the facts bear out that the landlord witheld your security deposit unlawfully you will receive your money and the attorney will receive his fees from the landlord.