tenant's rights
 

Is anyone familiar with tenant's rights in Texas? I've moved four states away and my landlord is taking advantage of that fact and not paying me my full deposit. We left that place looking better than it did when we came in, and we got less than a THIRD of our deposit back.

The landlord is charging us because she wants to retile the floors with new tile, and installing marble countertops. She feels that taking this out of our deposit is fair because that's how she wants to upgrade the house. :confused:

That's like saying your minivan needed an oil change, so I went ahead and put a brand new engine in it and now I'm going to charge you for it because the oil leak is now fixed.

If anyone has experience with this and wouldn't mind sharing that would kick bruce lee ass. :buttkick:

Thanks guys

do i need to go pay them a visit???

According to this no they cannot for normal wear and tear and may only charge you for actual damages so I could only imagine that upgrades would not be covered as well.
http://www.tenant.net/Other_Areas/Te...l#anchor973341
Heres a link to Texas tenant rights https://www.oag.state.tx.us/ag_publi...ant_rights.pdf

HAHAHA Maybe so Carl!!

Thanks for the links SoWaz! I found out under Texas Property Code - Section 92.109. Liability Of Landlord that if as a landlord you fail to provide your tenant with a list of itemized charges within 30 days of the tenant surrenduring possession, you are "presumed to have acted in bad faith" and are required by law to pay the full amount of the deposit. :thumb:

Her itemized list is postmarked 33 days after we gave her our keys and forwarding address and were completely out of the place.

I just left a message on her voicemail. So according to the law, even if you had a huge "written description and itemization of deductions," if you fail to send it within 30 days, you are required to pay the full amount of the deposit back.

Here's the relevant subsection of the legal code, in case anyone wants it:

(d) 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.

from: http://law.onecle.com/texas/property/92.109.00.html

I feel better now, thanks guys. :thumb:

If she refuses to pay send her a certified demand letter. If she still doesn't pay go file in small claims. You will get 3x your deposit plus $100 plus legal expenses. I had to take this route once.

No kiddin. Please tell me you won. Did your previous landlord felt like he/she was in the right so much that you couldn't work it out before going to court??

Really??????? Since when does this fall under dtpa????? He is not able to recover 3 times the original amount. He has to file in "small -claims" court anyway because it is a real estate transaction and ALL real estate claims must be filed in JP court in which the transaction occurred.

Actually I did win and yes I did get 3x the amount.

http://texastenant.org/pdf_files/103...ion_SecDep.pdf

http://texastenant.org/security_deposit.html

+1 ^^^ Just learned this in my business law class

I've never actually taken anyone to court before. Anything I should know beforehand?

Thanks again for all the help and advice.

Neither have I, but from what I remember from class, make sure to get an itemized list of everything she charged you for and took out of your deposit. She is legally required to do this. "Upgrading" is not part of normal wear and tear, so if that is on there, you will surely win the case. Also, if you don't want to bother with court troubles and just want your normal deposit back, you can always threaten her about taking this complaint the the TAA (Texas Apartment Association). Most apartment complexes in Texas are a part of it and will give in if you have a legit complaint.

I'm no lawyer and got a B in my business law class, but if I were you, I would take her to court and get some money for upgrades on the car :nod:

You will get your deposit x3.. I have gone to court over this same issue before as well.. I won..

She sent the itemized list but it was after 30 days of when we surrendered possession. According to the law, because she didn't send the list within that 30 days, she owes me the full amount of the deposit.

Upgrades on the car sound miiiiighty good right now, and getting that money coming from someone trying to take advantage of us sounds even better. Thanks for the info about the TAA. Do you know if rental houses are a part of this also?

I called her today and left a voicemail. We'll see what happens tomorrow.

Also, for those of you that went to court over this and won - did you guys use a lawyer or did you not have to?

I used a lawyer and it was settled out of court.. mine was actually settled on Fri of last week.. Apparently most are settled out of court..

I didn't use a lawyer. As a matter of fact my landlord didn't even show up to court, automatic victory!!

HAHAHA pwn'd. So in your case does the state just send them a letter or a bill saying this is what you owe or there's a warrant for your arrest?

Still haven't heard from her. Left her another voicemail message just now, saying that I haven't heard from her within 24 hours of my last voicemail message, and that I'll give her another 24 hours before I find a lawyer and start sending her certified mail letters.

I also gave her the legal code and told her that paying us the full amount is a little more cost effective than what she'd have to pay in court if she lost the case.

I also told her to pay me the prorated amount for February, since we paid for the full month but moved out on the 26th. :) I forgot about that.

Talked to the landlord today. She and I can't find common ground. She's stubborn. :bang:

Her lawyer says the law says it's within 30 days of our last day of our last month. Uhhhh...that's not what the law says AT ALL. So I think he's just trying to scare me.

Looks like we're going to court. Sucks but that's what courts are for I guess.

Anyone know a decent residential real estate lawyer? I'm looking forward to kicking her ass in court.