Legal Question in Real Estate Law in Texas
We lived in a privately owned duplex. Our landlord sold our property near the end of our lease. We were basically living month to month. The new owners never came to view our property. At the end of May (with no lease) we received a letter saying our rent was being raised and we needed to sign a lease or move out. We moved out and just received a notice today that we will not receive a refund for our security deposit and other charges for damages. The original land lord did not have a copy of the lease when she sold the property. Much of the property was damaged when we moved in (items the new company is trying to charge us for). If there is no record of the lease and they arent aware of the properties preexisting condition can they keep our deposit and/or charge us for damages that were already there?
2 Answers from Attorneys
You're getting screwed. Don't let them get away with it.
Unless they can prove the condition of the property before you moved out, they can't prove that you damaged it.
Write a letter BACK to them demanding a refund of your deposit. Give them a time limit (five days) and tell them you're going to sue on day six.
A lawsuit in Justice Court will cost you about $100 in filing fees.
New owners may not have your security deposit. I would sue both new owners and old owners for refund of your deposit. You may be entitled to triple damages.
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