Legal Question in Real Estate Law in Texas
Late notice of damages
I have just been contacted by a collection agency. My lease ended July 31. It is now January and the agency informed me that I owe $687.00 for damages. My previous apartment complex was given a 30 day written notice. The day I moved out they were given my forwarding address. My mail had already been forwarded to my new apartment. There were three of us renting out the apartment and all were out by the 31st. The collection agency informed me that their client did try contacting me by mail. They advised that they sent the letter to the address at the previous apartment. I have a couple of questions. How long, of a period time, does the apartment complex have to contact me for damages? Why am I the only one being sent to collections? I have asked the collection agency for an itemized list of damages and repair cost. I was told that they do not have any such list. I do not want to call the apartment complex in case that can hurt any case I might have. What can I do?
1 Answer from Attorneys
Re: Late notice of damages
Under the Texas property code if you leave a forwarding address the lanlord must notify you within thirty days of mve ot that is is withholding the secrity deposit and the reason for it. Failure to do this can subject the landlord to a claim of three times the amount withheld plus $100.00, plus attroney fees. If your name was not on the lease you rights may be altered. Larry Maun 713.266.2560