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Pet Deposit Issues

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kmillwood

Junior Member
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Can they legally charge now, or are the charges no longer valid due to the 30 days?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?
 


MIRAKALES

Senior Member
In accordance with Texas State law, LL is required to issue security deposit settlement statement within thirty (30) days of lease termination. As a matter of practice, LL is only required to mail settlement statement to last known address (which could be rental address or forwarding address). LL is not required by law to make alternative (telephone , email) follow-up communications to tenant, only USPS mailing. Also take into consideration that USPS mail can get misdirected, delayed, or lost even when properly addressed.

The matter, however, begs the question of why tenant did not follow-up with LL after thirty (30) days. There is no confirmed evidence of “bad faith” on the part of the LL to warrant forfeiture of security deposit. Regardless of date delivery of security deposit if forfeiture were required, tenant would still legally remain responsible for damages to premises and/or lost rent. (Many tenants incorrectly premises that LL forfeiture of security deposits makes tenant not liable for damages. This is not true.)

A non-refundable security deposit is an advance charge or claim for unavoidable damages, such as sanitation (pet allergens which are hazardous to some people). The balance of the deposit is treated as a standard deposit, refundable depending upon circumstances and non-refundable with premise damages.
 

kmillwood

Junior Member
Thank you for the reply. I was thinking along the same lines however was hoping that due to their clerical mistake I would be in the right.

In the itemized list however, they deduct from $150 instead of $300, therefore I should owe $40 instead of the $190 they claim. Is that correct?
 

swrdmbo

Member
As a landlord I am thinking that the $150 nonrefundable deposit was never carried on the books.It may help to think of it as a fee for allowing you to have had a pet.

So the actual amount available for damages was $ 150.00. It sounds as if the damages were
$340.00 and so you do owe the $ 190.00.

Since you deleted the pictures, and did not contact them to dispute these charges within a reasonable amount of time, I am guessing things will not go well for you should you pursue this legally.I understand that you did not hear from them, but legally they did what was required of them. It falls to you to follow up.

But you are free to try.We always have photos,paid receipts,and proof that we tried to forward the deposit,or the itemization of charges if the damages exceed the deposit.I think you will be better off trying to negotiate with them. Good luck.
 

kmillwood

Junior Member
It may be beside the point but just FYI...
I may be reading this wrong MiraKales, but I believe you are incorrect about the tenant still owing damages on a forfeiture after the 30 day period.

§ 92.109. LIABILITY OF LANDLORD. (a) A landlord who in
bad faith retains a security deposit in violation of this
subchapter is liable for an amount equal to the sum of $100, three
times the portion of the deposit wrongfully withheld, and the
tenant's reasonable attorney's fees in a suit to recover the
deposit.
(b) A landlord who in bad faith does not provide a written
description and itemized list of damages and charges in violation
of this subchapter:
(1) forfeits the right to withhold any portion of the
security deposit or to bring suit against the tenant for damages to
the premises;
and
(2) is liable for the tenant's reasonable attorney's
fees in a suit to recover the deposit.
 

Gail in Georgia

Senior Member
"Bad faith" on the part of the landlord implies that they never bothered to attempt to send the security deposit/notification of damages within your states required time period in the first place.

This does not appear to be the issue in this case; the landlord attempted to send this information within the required time period but the letter was undeliverable and returned to them.

Gail
 

MIRAKALES

Senior Member
The issue of bad faith is most appropriate for tenant with non-existent damage issues.
The issue of bad faith requires LL to have knowledge of settlement statement requirement, and intentionally violates or circumvents the law by withholding the security deposit. When tenant has caused damages, LL with knowledge of settlement statement requirements (but fails to issue notice) is more a matter of poor administration. The forfeiture of security deposit is intended to be a punitive damage for intentional violations. This is the reason tenant remains liable and LL is able to sue for tenant damages. Although settlement statement may not have been issued tenant still remains responsible for existing damages.

The issue of security deposit forfeiture and bad faith are not necessarily the same matter. LL may genuinely forget or not know to issue the settlement statement when tenant has caused damages. The act of forgetting or not knowing is not considered bad faith when in fact tenant damages actually exist.

Bad Faith is the key to most forfeiture matters as noted in the legal code § 92.109. LIABILITY OF LANDLORD. The legal code clearly notes that “A landlord who in bad faith retains a security deposit in violation of this subchapter is liable…” All factors need to apply to make a case for forfeiture: 1) bad faith, 2) violation, and 3) liability. In this scenario, LL did not operate in bad faith, there was no LL violation, and tenant was actually liable for damages.
There was no security deposit owed or being withheld in violation of the law.
 

kmillwood

Junior Member
Thank you for your time and explanation regarding that. That is very helpful to me.

My apartment just turned me over to collections today. They just called and asked me to pay. I said no problem but I wasn't paying over the phone and to send me something on paper and it would be paid immediately.

So my next question is are they required to send me notification of sending me to collections? The collection agency said I was supposed to be notified which I was not.

Something is fishy here with the apartment with a collection agency being notified the day following my notice that the bill even exists.

Can you explain one last thing please, I'm not completely clear on...

In the itemized list however, they deduct from $150 instead of $300, therefore I should owe $40 instead of the $190 they claim. Is that correct?
 

MIRAKALES

Senior Member
Tenant was notified of the debt which came in the form of a security deposit settlement statement.
This is a standard lease agreement dispute between LL and tenant. Tenants attempts to divert attention to disputes with USPS, collection agency, and other entities will not make tenant less liable for the damage charges. LL can legally make demands for legitimate security deposit issues (as noted in lease agreement). Tenant can legally dispute security deposit deductions (as noted in state law). Tenant needs to dispute lease related matters with LL in writing and pursue legal court action if deductions were unlawful. Otherwise… PAY THE DAMAGES before the credit report becomes further compromises or LL takes legal action.

Both negative reports of credit, legal action, and LL reference will make future quality rental difficult because professional LLs perform both credit, background, and reference checks. SIMPLE… Pay the damages to LL if the charges are legitimate. Dispute the damages in court if the charges are illegitimate.
 

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