Legal Question in Landlord & Tenant Law in Texas

Security Deposit Accounting

I broke a lease, the apartments charged the remaining rent, the reletting fee, and some other charges that I am dubious about. They sent it straight to collections. I have been trying to get an accounting of my security deposit from either the collection agency (they refused) or the landlord as it seems to be several hundred dollars short of what my lease states I had.

So far I have sent two letters to the landlord asking for the accounting, they havent sent me anything except a statement that I owe them $XXX and said I did not recieve my accounting as I did not leave a forwarding address. Both my letters gave the forwarding address, requested the accounting due to the seeming discrepancy in amounts and disputed what they were charging.

Arent they required to send this info to me?


Asked on 5/25/04, 12:35 pm

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Security Deposit Accounting

Under the Fair Debt Collection Practices Act, the collection agency must verify a debt if you request it in writing within thirty days of their first communication with you. If they have not done so, you have a case against them for violation of the FDCPA. Not sending the deposit accounting because of no forwarding address is a valid position under the property code, however, if you now request it, they should send it. Have you tried going by the Apt complex and asking for a copy. They have no legitimate reason not to give it to you. With regard to collection agency, you can send them a letter telling them to cease and desist from any and all communications with you, that you prefer to deal with the original creditor as allowed by the FDCPA. Send a copy of the letter to the apt complex. That will take care of any argument they may give you that you have to deal with the collection agency. By law you do not have to deal with a collection agency.

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Answered on 5/25/04, 1:59 pm


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