Is Having a Copy Enough?

[ComputerGirl07]

What is the name of your state? Texas

My LL is lying on the security deposit form he sent. He says we didn't give him 30 days written notice when we did. History: I type a letter and sent it in email to myself. I printed it out (within the email), wrote in cursive what was typed and had me and my husband sign it. We both dated it and made a copy. We have the LL the original and we kepted the dated copy that says May 25, 2007 both by the computer email date and the written date I wrote in ink.

On the 2nd of June, he gives us a form to fill out (puts it in our door) that asks for our forwarding address. I returned it the same day. On the security deposit form he sent us, he says we turned in our written notice on the 2nd of June and therefore, we owe all rent for July. The form does not have written notice or anything on it. It says forwarding address information. The lease says written notice from the tenant.

I know he got the letter because he was in the office when I hand gave it to him. Also, I have one name on my checks and all documents he sent us. On the letter I signed and gave to him, I put my married name. He didn't know I got married at all (the marriage took place months ago and I continued to send checks with my maiden name and he sent receipts to my maiden name). Well, he puts the same name on the form he gave us (the form titled: forwarding address information) that I put on the dated letter I gave him. Where did he get that that was my last name when, by law, I wasn't even legally that last name? He got it from my written letter and used it on the forwarding address form as well.

His letter threatened to go to court in 10 ten days if we didn't pay. How far can he take this when we have the same copy of our letter that we gave him? How can he lie like that when he smiled in my face when I handed in the letter? I know I should have sent it certified mail now (after the fact).

We have arranged a meeting with him face to face tomorrow to discuss this issue, but he is very rude and mean I have a feeling we'll have to go to court over this. What are my chances?

 

[Alaska landlord]

When did you give him the notice, and when did you vacate the apartment?

Also, how is it that you have the original if you gave it to him?

 

[OHlandlord]

I don't think your email copy will be taken as proof of the date. Did you send it to him by email on that date, or just print it out and give it to him? Although you may have typed it on that date, if you just printed it out and didn't send the email, that doesn't mean that you would have given it to the LL on the same day. The fact is you could have typed it a week before you gave it to him. (I'm not saying you did, only that a court may look at it that way.) Even if he says that you didn't give him exactly 30 days notice, he can only hold you accountable for the rent for those 30 days (unless you are breaking a lease by moving). So he could only withhold a few days of rent from your deposit at most, then you could challenge this deduction in court. Exactly what money is he demanding be paid within 10 days? Did you pay your rent for June? Did you vacate by June 30th? If you vacated by June 30th, he owes you an itemized statement of your deposit by July 30th.