gregoryrailroad
New Member
We recently moved from Texas to Nebraska. I just received a letter stating we would not be getting our deposit back, plus we're being charged an extra $430!!!!
We signed a one year lease in 2008. I paid a security deposit equal to one month's rent and later, after purchasing a dog, paid a pet deposit. After the lease expired, we agreed with landlord to go month-to-month (this lasted up to vacating). Our landlord moved to Mexico over a year ago and I was instructed to deposit payment in her Edward Jones account locally. She raised our rent by $75 about 3 months before we moved out to compensate for impending roof repairs (although all she ever did was show up with a $8 caulk gun and $8 caulk and caulk a few tiles down). I sent her an email on Jan. 9 with our intent to vacate. I stated that the company had offered me a promotion to move out of state to their headquarters. Their offer was beneficial to our family and the move would be fairly fast acting. We actually vacated the premises on Jan. 21st. We travelled to our new city, before moving, to find a place to rent and upon return the heating/ac unit had went out and we had to endure one week and a half with no heat as the landlord was trying to get the best deal for repair. In mid-January landlord contacted me that her friend would be acting as property manager to help facilitate the moveout and re-rent process. She was my go-between as the landlord was out of the country and it was always delayed to communicate with her by email. The prop mgr was the one I had most contact with in the last few days. We cleaned the house thoroughly the night before and the day of the move. We even left cleaning supplies (cans of lysol, wall cleaner, floor cleaner, dobie pads, sponges, etc.) because the movers would not take the hazardous materials, plus I felt it would be a kind gesture. We also left a broom and a good condition bagless vacuum cleaner.
Our dog had some accidents in the boy's bedroom and I always tried to stay on top of this, but some accidents went unnoticed. Over the course of three years, I rented a rug doctor steamer about 4 or 5 times. There are only two rooms in the house that are carpeted, the rest of entire house is linoleum flooring. The night before we moved out, we spent roughly 3 or 4 hours cleaning carpets, floors, shelves, walls, windows, etc. We also finished up the next day before leaving. I am only detailing this to imply our desire to leave the house in good condition.
The letter we received shows receipts for cleaning supplies, wages for cleaning people, time for the prop mgr to come over and take pics, purchase of light bulbs, covers, etc. Also, the only two fence gates for the yard were broken when we moved in and the porch screen material was damaged by cats that were not kept out due to the broken gates (we're being charged for those). I have on multiple occasions fixed things myself (just being a good tenant) such as a broken main water line, a broken dishwasher, multiple problems with inside plumbing, etc.
My main question is that Texas Property Code 92.109(b) states
A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions
on or before the 30th day after the date the tenant surrenders
possession is presumed to have acted in bad faith.
We vacated on Jan. 21st. We received the letter with receipts/deductions and wishes that I pay an additional $430, today, Mar. 3rd. The letter is dated Feb. 28th.
Do I have a case to file a lawsuit (according to statute - $100 plus 3 times the security deposit plus reasonable attorneys fees)?
Thank you.
We signed a one year lease in 2008. I paid a security deposit equal to one month's rent and later, after purchasing a dog, paid a pet deposit. After the lease expired, we agreed with landlord to go month-to-month (this lasted up to vacating). Our landlord moved to Mexico over a year ago and I was instructed to deposit payment in her Edward Jones account locally. She raised our rent by $75 about 3 months before we moved out to compensate for impending roof repairs (although all she ever did was show up with a $8 caulk gun and $8 caulk and caulk a few tiles down). I sent her an email on Jan. 9 with our intent to vacate. I stated that the company had offered me a promotion to move out of state to their headquarters. Their offer was beneficial to our family and the move would be fairly fast acting. We actually vacated the premises on Jan. 21st. We travelled to our new city, before moving, to find a place to rent and upon return the heating/ac unit had went out and we had to endure one week and a half with no heat as the landlord was trying to get the best deal for repair. In mid-January landlord contacted me that her friend would be acting as property manager to help facilitate the moveout and re-rent process. She was my go-between as the landlord was out of the country and it was always delayed to communicate with her by email. The prop mgr was the one I had most contact with in the last few days. We cleaned the house thoroughly the night before and the day of the move. We even left cleaning supplies (cans of lysol, wall cleaner, floor cleaner, dobie pads, sponges, etc.) because the movers would not take the hazardous materials, plus I felt it would be a kind gesture. We also left a broom and a good condition bagless vacuum cleaner.
Our dog had some accidents in the boy's bedroom and I always tried to stay on top of this, but some accidents went unnoticed. Over the course of three years, I rented a rug doctor steamer about 4 or 5 times. There are only two rooms in the house that are carpeted, the rest of entire house is linoleum flooring. The night before we moved out, we spent roughly 3 or 4 hours cleaning carpets, floors, shelves, walls, windows, etc. We also finished up the next day before leaving. I am only detailing this to imply our desire to leave the house in good condition.
The letter we received shows receipts for cleaning supplies, wages for cleaning people, time for the prop mgr to come over and take pics, purchase of light bulbs, covers, etc. Also, the only two fence gates for the yard were broken when we moved in and the porch screen material was damaged by cats that were not kept out due to the broken gates (we're being charged for those). I have on multiple occasions fixed things myself (just being a good tenant) such as a broken main water line, a broken dishwasher, multiple problems with inside plumbing, etc.
My main question is that Texas Property Code 92.109(b) states
A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions
on or before the 30th day after the date the tenant surrenders
possession is presumed to have acted in bad faith.
We vacated on Jan. 21st. We received the letter with receipts/deductions and wishes that I pay an additional $430, today, Mar. 3rd. The letter is dated Feb. 28th.
Do I have a case to file a lawsuit (according to statute - $100 plus 3 times the security deposit plus reasonable attorneys fees)?
Thank you.
