Legal Question in Landlord & Tenant Law in Texas

It has been 34 days since we vacated the premises of the rental home. We did not owe any past rent, left the house in perfect condition, and I provided the landlord with our forwarding address two months prior to moving out via certified mail. He gave me a verbal confirmation that he did receive the forwarding address, but I have not received my security deposit back, nor have I received an itemized list of deductions from him.
I know that in Sec. 92.109 of the landlord and tenant code it states that he has until 30 days after we vacate the premises to send this information to me or I can sue for $100, 3x the deposit, and any attorney fees. Am I able to go ahead and just file suit without sending a demand letter? I'd much rather just skip that step and let the judge handle it if at all possible. The landlord is a very difficult man, and I'd rather not deal with him person-to-person if at all possible.

Asked on 8/03/12, 3:38 pm

Mark Dunn Mark D. Dunn

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0 attorneys agreed

File the lawsuit. No demand letter is needed.

Answered on 8/07/12, 10:18 am

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