Legal Question in Landlord & Tenant Law in Texas

Hello. My family and I recently moved out of my apartment into our first duplex. It was a great experience until we went back to our apartment to get our statement of deposit.

The charges seemed about normal, until I noticed a $700 trash removal fee. My brother-in-law helped me move and he works at a tire shop. He unloaded his flatbed truck which had six tires. He put the tires by my apartment (not inside my apartment, but on the public walkway). After the move I asked my brother-in-law twice to pick up the tires. Apparently he never did. Now the complex is charging me $700 because they had to move the tires from the public walkway.

I was thinking of taking him to small claims court to seek the $700, but he has NO property(nothing but clothes), he still lives with his parents (he is over 18), and he doesn't make a legal wage as he is paid under the table. As such small claims seems out of the question.

My question is this, is there anyway at all to contest this $700 charge and have any actual grounds for dispute? Upon thinking of it further, these tires were NOT in my apartment, they were on the public walkway, and more importantly they are NOT my tires. Or is this a charge I'm just going to have to eat.


Asked on 12/21/10, 10:27 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Your remedy is to sue the apartment complex in small claims court. The filing fee will be around $100.00.

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Answered on 12/27/10, 8:25 am


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