Vacation rental security deposit

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blportertx

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My jurisdiction is: Texas

My family and I rented a vacation home in Montgomery Texas (Lake Conroe). Long story short, the home was not on the lake or a 4 bedroom house as implied in the Internet ad. In addition the house was NOT clean. Other items at issue, but too many to mention and not relevant. I paid a $500 security/cleaning deposit (by check) for this six-day vacation rental and am quite sure we left the place cleaner than when we got there. The rental began 10/18/08 and ended 10/24/08. Since that time the owner does not take or return my calls or emails, and I have yet to receive my deposit refund. My question, how long do I have to wait to file in small claims court (in Motgomery) to try and get my deposit back?

Thanks
 
Security deposits on vacation rentals are usually handled a bit differently than deposits on other rental property.

Did the lease you signed mention when the deposit is to be returned? Most will.

Gail
 
Thanks for responding. The lease states "Your cleaning / security deposit is fully refundable after termination of occupancy provided that real and personal property are in the same condition as when occupancy commenced and all terms of this agreement are met."
 
I would sue for the return of the deposit and for partial refund on the vacation house since it was not as advertised. Bring the ad with you to court as proof.
 
You might consider sending a registered letter (so you have proof of documentation) to the landlord, demanding the security deposit (plus any additional money you feel you are owed) by a certain deadline or legal action will be taken.

If you do not hear from them by the deadline, then consider filing against them. The only issue is that the filing/hearing is typically held in the jurisdiction of the defendant so if this rental was not close to your residence this would mean some traveling back and forth for you.

Gail
 
Thanks Gail,

I do intend to send a registered letter. I was just wondering how many days she legally has before she is required by law to refund my deposit. I know that on regular apartment rentals in Texas, the landlord must return your deposit within 30 days. Just didn't know if the same held true for vacation rentals.


I also understand that I might have to travel the 100 or so miles to Montgomery county and I'm OK with that. If it comes to that, I'd like to include my court and travel costs in the claim that I file in small claims court.

Brenda
 
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Again, my primary concern is how long she has before she is required by law to return my deposit or I can file the claim.
 
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