rockonkerri
New Member
Hi, my name is Kerri. I moved from one townhouse to another, and I'm having trouble recovering my security deposit from my previous landlord.
I lived in the property for 5 years. I initially rented from another landlord, who then sold the property to the current landlord. Upon making the decision to move out, I appropriately notified my landlord in writing that I would be leaving.
We agreed that I would move out August 1st. She then verbally agreed to give me a few additional days, for no charge, to move my belongings.
I moved, and I wasn't able to send the keys to her right away. My lease ended August 1st. I left the property (after extensive cleaning) August 4th. I mailed the keys priority mail on August 17th.
My deposit was promised to be returned the 15th of September. It wasn't. I texted the landlord about the absence of the deposit, and she said she would mail it by the next week. I explained my mom would be happy to pick it up in person.
The check she returned to my mom was for $208. I initially paid a $200 pet deposit and a $500 security deposit. My landlord claims to have taken $80 for cleaning and deodorizing the carpet, which I feel was covered under general wear and tear. (I did live there for FIVE years.) She also took $492 for a half month's rent. She claims this is because she didn't have the keys. She had texted me the first week of August explaining she couldn't get into the property.
I can't find anything in the Texas property code that attests to whether I had a certain number of days to return the keys. And no where does it say that if I didn't return them in a timely manner, she could charge rent.
She wasn't renting the property to another tenant after I moved out because she wanted to renovate and make repairs. Therefore, she wasn't going to have any income from my unit during the month of September. I feel like she's trying to make a claim to keep the money because of that. Also I have a hard time believing, as a landlord, she doesn't have other keys to the property. And that I had the only set.
Please, someone who knows Texas tenant/landlord law... please explain to me: can she legally charge rent for each day she didn't have the key? If not, what can she charge for?
Do I have a case to take her to small claims court? If so, what documents do I need to back me up?
Thank you!
Kerri
I lived in the property for 5 years. I initially rented from another landlord, who then sold the property to the current landlord. Upon making the decision to move out, I appropriately notified my landlord in writing that I would be leaving.
We agreed that I would move out August 1st. She then verbally agreed to give me a few additional days, for no charge, to move my belongings.
I moved, and I wasn't able to send the keys to her right away. My lease ended August 1st. I left the property (after extensive cleaning) August 4th. I mailed the keys priority mail on August 17th.
My deposit was promised to be returned the 15th of September. It wasn't. I texted the landlord about the absence of the deposit, and she said she would mail it by the next week. I explained my mom would be happy to pick it up in person.
The check she returned to my mom was for $208. I initially paid a $200 pet deposit and a $500 security deposit. My landlord claims to have taken $80 for cleaning and deodorizing the carpet, which I feel was covered under general wear and tear. (I did live there for FIVE years.) She also took $492 for a half month's rent. She claims this is because she didn't have the keys. She had texted me the first week of August explaining she couldn't get into the property.
I can't find anything in the Texas property code that attests to whether I had a certain number of days to return the keys. And no where does it say that if I didn't return them in a timely manner, she could charge rent.
She wasn't renting the property to another tenant after I moved out because she wanted to renovate and make repairs. Therefore, she wasn't going to have any income from my unit during the month of September. I feel like she's trying to make a claim to keep the money because of that. Also I have a hard time believing, as a landlord, she doesn't have other keys to the property. And that I had the only set.
Please, someone who knows Texas tenant/landlord law... please explain to me: can she legally charge rent for each day she didn't have the key? If not, what can she charge for?
Do I have a case to take her to small claims court? If so, what documents do I need to back me up?
Thank you!
Kerri
