Legal Question in Landlord & Tenant Law in Texas

secuirt deposit

We leased a home for a yr. Lease was to expire on Aug 31, 2004. We gave notice on July 30, 2004 to vacate. We paid all rent and on time. We returned keys and security devices on Aug 23, 3004. Also with vacate notice gave forwarding address.Just exactly when does the 30 days to reture deposit start form when we moved out and retured keys on the 23rd or 30 days for the actual end of lease the 31st. I read in the property code it is 30 days from move out and turning in the keys. so I am assuming that would be the 23rd??? Also on our move in condition report we stated house needed painting. Now the landlord says they need to paint because we smoked, even though it needed to be painted. But she said it may have needed painting but not from smoking. whatever that means Never did she tell us we couldnt smoke nor was it on the contract can she charge us for this.She knew we smoked. Thank you in advance


Asked on 10/12/04, 10:41 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: secuirt deposit

Its thirty days from the date you vacate the property with the caveat that the time does not start running until you provide the landlord with your forwarding address. If the landlord does not respond within thirty days he has waived his right to make any deductions. Whether or not the landlord knew you smoked, if you actually damaged the property, you are responsible for the damages. If you did not damage it, then the deduction is wrongful. It is a matter of proof.

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Answered on 10/13/04, 9:08 pm


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