Legal Question in Landlord & Tenant Law in Texas
Return of Deposit, Breach of Contract
We rented a house from an individual for three years. The last two years were on a month to month basis. We received a phone call from the landlord in June 2005 at which time we advised that the gas oven would not light and the garage door, which had been repaired a year prior, had malfuntioned again. Within a month we received written notice from the landlord that we were responsible for repairs to both and were in violation of the lease for failure to provide timely notice. The letter went on to add that we were to make repairs or replace at our cost. We gave notice and moved in late October 2005. To date we have not received our deposit. We gave formal written notice requesting same, still with no response. Did the landlord breach the contract by attempting to force us to make repairs? If so, what would be our remedy? What action should we take in order to receive our deposit?
1 Answer from Attorneys
Re: Return of Deposit, Breach of Contract
You have recourses, and several options available. They are extensive -- there is an excellent article that covers this exact situation on the Texas Attorney General's website -- under publications and landlord-tenant rights. Please feel free to email me directly if you have further questions, or need guidance. TCL
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