Quote:
Originally Posted by maluminse06 1. i moved out july 31st 2. yes, it was truned in with the keys the day of move out 7/31 3. i don't exactly know what that is, but the letter saying instead of getting my deposit back i owed them money was recieved today 8/26 postmarked 8/25 but the actual date in the letter that they claim they want the amount owed in full by 10 days is dated 8/17, making the money due tomorrow. if this is not what you asked let me know what it was you were asking 4. yes 5. no
Please help im so freaked out right now. |
Texas has specific requirements that the landlord must meet as to security deposits. From your post, it appears that they were met. One possible out... was this 'letter from the landlord' a DETAILED account of the deductions from your deposit??
Per Texas Property Code:
92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING.
(a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
(b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if:
(1) the tenant owes rent when he surrenders possession of the premises; and
(2) there is no controversy concerning the amount of rent owed.If that was also met, you are pretty much at the mercy of the circumstances with a case of 'he said, she said'.
You can refuse to pay the demanded amount. The landlord could then turn over to a collection agency, and you can send them a 'cease and desist' letter.
Eventually, either the landlord will forget it or file a lawsuit. If they file a lawsuit you will have the opportunity to present your 'defense'. However, it seems from your post, you really don't have one... since the only real issue is the amount claimed.
So, with all that... my advice:
Send the landlord a very nice letter (certified RRR) asking for a copy of the receipt for the carpet purchase BEFORE your tenancy (to prove it was new when you moved it as claimed) and a receipt AFTER your tenancy (to prove it was replaced). If the landlord furnishes both, pay the claim. If they can't or refuse, your call as to how much possible 'ordeal' you are willing to accept before a hearing.