Legal Question in Real Estate Law in Texas
I took some paralegal classes in college and I am helping out my landlord for a lawsuit they are about to go through. I need some advice to give them and to make sure that my information is correct. The problem is that they previously rented a house out to a couple. The couple paid 3 months in advance. In the contract it says that they do not furnish heating or cooling units that it is the Tenants responsibility. The Tenants then left the same night as they moved in and came back 3 days later to retreive their belongings and did not return untill 2 months later. The agreement states that if the Tenants leave for an x amount of time to let the Landlord know with a written letter stating so, so that they could turn the water off so the pipes do not freeze and bust. (which they did) The landlord recored the Tenants moving out their belongings and they rerented the home. They are now sueing the landlord because they did not render the deposit back or the remaining balance of the prepaid rent. The Property code state that they must render the money due or an accounting of the deposit. If there is a forwarding address. Which they did not provide. So the attorney is saying that they have to pay the amount of the deposit x3 plus 100.00. Is there anyway they can get around that because they did not have the forwarding address before the 30days was over?