What is the name of your state (only U.S. law)? Texas
I moved out of my apartment more than two months ago (67 days) and never received my deposit back. I had no Security Deposit, just a $300 pet deposit, $150 Non-refundable. I sent a demand letter and received a phone call today explaining that they tried to send it but it got sent back. It was postmarked within the time frame alotted (30 days) however, I never received it, and they know this because they have possession of the letter. I asked him to scan a copy of the letter and envelope and email it to me. They had the address somewhat scrambled. (Post office should have still delivered, but it was scrambled enough I guess to not be).
Also attached was the itemized list stating I owed an additional $190+, after the $150 deposit.
I guess I would have a hard time proving in court that they held my deposit in "bad faith" however, they did have my contact information including a phone number that they failed to use.
So a couple questions.
1) How would the law work regarding the 30 day rule with the before mentioned senario, scrambled address/ they had a phone number?
Can they legally charge now, or are the charges no longer valid due to the 30 days?
2) With a $300, $150 of which is non-refundable deposit, is the $300 or $150 used as deposit?
3) Several of the claims are unwarranted ( I had pictures to prove this but they are now deleted) shot myself in the foot there. However, they charged a $200+ for "pet treated slab" which was both unwarranted and overpriced, but how can you prove evidence of a smell?
4) I would rather not take this to the JP, but if neccessary do I have a case?
5) Anything else relavent that I have forgotten to ask?
I moved out of my apartment more than two months ago (67 days) and never received my deposit back. I had no Security Deposit, just a $300 pet deposit, $150 Non-refundable. I sent a demand letter and received a phone call today explaining that they tried to send it but it got sent back. It was postmarked within the time frame alotted (30 days) however, I never received it, and they know this because they have possession of the letter. I asked him to scan a copy of the letter and envelope and email it to me. They had the address somewhat scrambled. (Post office should have still delivered, but it was scrambled enough I guess to not be).
Also attached was the itemized list stating I owed an additional $190+, after the $150 deposit.
I guess I would have a hard time proving in court that they held my deposit in "bad faith" however, they did have my contact information including a phone number that they failed to use.
So a couple questions.
1) How would the law work regarding the 30 day rule with the before mentioned senario, scrambled address/ they had a phone number?
Can they legally charge now, or are the charges no longer valid due to the 30 days?
2) With a $300, $150 of which is non-refundable deposit, is the $300 or $150 used as deposit?
3) Several of the claims are unwarranted ( I had pictures to prove this but they are now deleted) shot myself in the foot there. However, they charged a $200+ for "pet treated slab" which was both unwarranted and overpriced, but how can you prove evidence of a smell?
4) I would rather not take this to the JP, but if neccessary do I have a case?
5) Anything else relavent that I have forgotten to ask?