Legal Question in Landlord & Tenant Law in Texas
unfair damage charges
My daughter moved from her apartment after giving proper notice and cleaning everything. There were some minor things amounting to less than $500. Unfortunately, she did not have a walk-through nor take pictures. There are witnesses though that saw the condition of the apartment. Management did not take pictures either and their story is the complete opposite. They sent a copy of the items and charges (postmarked 12-12-03). She moved out 10-31-03. The charges were a total of $2,910! The biggest charge was to replace the carpet ($2,000) which was not damaged. Cleaning would have done the job. Carpet was 5 years old and there were two families living there prior to her. What is her recourse to save her credit and not affect future chances of renting?
1 Answer from Attorneys
Re: unfair damage charges
First, the general rule with regard to the return of security deposits is that the landlord must return the deposit or an accounting within thirty days after the tenant leaves. The thirty days does not start running, however, until the tenant has given the landlord its forwarding address (filling out the forwarding request at the post office does not count). And, if the tenant leaves owing rent, there is no obligation to send an accounting. If all the prerequisites have been met, and the landlord does not return the security deposit or an accounting within thirty days, the landlord is presumed to be acting in bad faith, which would allow tenant to recover $100 plus three times the amount wrongfully withheld. In addition, the landlord has no right to make any deductions. I would probably file suit against landlord, if you have the proper documentation. Don't be surprised if this alleged delinquency, if not already, soon shows up on credit report. If you are in the Dallas area and wish to pursue this, feel free to call me.
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