What is the name of your state? Texas
Our landlord did not return our deposit for over six months, despite repeated phone calls and e-mails from us. He had many excuses but mostly flat out ignored our requests. We finally sent a letter demanding our deposit in May and stated we would file in small claims court if we did not hear from him. We called him twice after he received our certified letter and still no deposot. So in June I filed in small claims court. Two weeks after we filed we received a check for half the amount of our deposit - the deductions were to service the air conditioner in his rental house (which was working fine when we left). I know that according to Texas property code that if he held our deposit in bad faith that he cannot deduct ANY amount from our deposit. We did not cash the check and he now knows we've filed. So now he wants to talk about settling out of court.
Our deposit was $1400. And we're suing for $4,398. Which is three times the deposit + $100 +$98 court costs. Texas property Code Section 92.109
Should we try to settle out of court? Or do you think our case is strong enough to get our full asking amount in court? My husband wants to settle but I know our landlord's idea of settling will only be our original deposit amount. Please advise!!!!