TEXAS - Landlord Takes Half Month's Rent for Untimely Return of Keys -- LEGAL?

[rockonkerri]

What is the name of your state (only U.S. law)?
Texas

Hi, my name is Kerri. I moved from one townhouse to another, and I'm having trouble recovering my security deposit from my previous landlord.

I lived in the property for 5 years. I initially rented from another landlord, who then sold the property to the current landlord. Upon making the decision to move out, I appropriately notified my landlord in writing that I would be leaving.

We agreed that I would move out August 1st. She then verbally agreed to give me a few additional days, for no charge, to move my belongings.

I moved, and I wasn't able to send the keys to her right away. My lease ended August 1st. I left the property (after extensive cleaning) August 4th. I mailed the keys priority mail on August 17th.

My deposit was promised to be returned the 15th of September. It wasn't. I texted the landlord about the absence of the deposit, and she said she would mail it by the next week. I explained my mom would be happy to pick it up in person.

The check she returned to my mom was for $208. I initially paid a $200 pet deposit and a $500 security deposit. My landlord claims to have taken $80 for cleaning and deodorizing the carpet, which I feel was covered under general wear and tear. (I did live there for FIVE years.) She also took $492 for a half month's rent. She claims this is because she didn't have the keys. She had texted me the first week of August explaining she couldn't get into the property.

I can't find anything in the Texas property code that attests to whether I had a certain number of days to return the keys. And no where does it say that if I didn't return them in a timely manner, she could charge rent.

She wasn't renting the property to another tenant after I moved out because she wanted to renovate and make repairs. Therefore, she wasn't going to have any income from my unit during the month of September. I feel like she's trying to make a claim to keep the money because of that. Also I have a hard time believing, as a landlord, she doesn't have other keys to the property. And that I had the only set.

Please, someone who knows Texas tenant/landlord law... please explain to me: can she legally charge rent for each day she didn't have the key? If not, what can she charge for?

Do I have a case to take her to small claims court? If so, what documents do I need to back me up?

Thank you!
KerriWhat is the name of your state (only U.S. law)?

 

[Banned_Princess]

Since you didn't return the key until the middle of the month, you did not return possession of the unit to the LL, therefore the 1/2 month rent is correct, and legal to charge you.

 

[rockonkerri]

Where can I find a legal definition of what constitutes returning the property to her? It seems in most of what I read, she should only be able to charge for the fee/labor to change the locks. Is this correct?

Kerri

 

[Banned_Princess]

Where can I find a legal definition of what constitutes returning the property to her? It seems in most of what I read, she should only be able to charge for the fee/labor to change the locks. Is this correct?

Kerri

What did you do to tell her you were fully moved out on the 4th and why did you wait until the 17th to return the keys?

 

[rockonkerri]

I texted her from my cell phone to let her know I was out of the townhome. She said I could either leave the keys in the property, or I could mail them to the address to which I send rent. She did not, at this point, express that if I didn't return the keys soon, she would charge.

At no point did she EVER indicate I would be charged for not returning the keys.

There is also nothing in my lease stating a amount of time in which the keys need to be returned.

I waited until the 17th to return the keys only because I was caught up the moving and resettling process. She didn't do a walk-through, so I was unable to give her the keys in person. I wasn't aware I could leave them at the property until I spoke to her AFTER I left the property.

 

[FarmerJ]

Kerri why on earth would a LL start work on a unit that is not secure? (keys in control of a tenant ) seriously by simply mailing the keys on aug 4 or 5 you would have restored control of the unit to the LL, Your former LL didnt have to warn you that you would be charged, nor did your former LL have to allow you more time to get out, Doesnt matter whether LL was going to re rent the unit or not. If you dont agree with what the LL holds back sue the LL where you will get to tell a court why you kept possession of the unit. Keeping keys = possession, when there is no court order saying other wise.* At any time while you had control of those keys someone that knows you could have stolen them from you , gone and vandalized the property , removed copper or stolen other things ETC. Do you realize if that happened you would have been the first person the police and the LLs insurance company would have gone after simply because you still had keys! * means a court ordered eviction , you see one line of thought is that since you gave notice to move out most of the time it goes with out a hitch , some times A LL will enter a unit then later find them self sued because tenant will claim they were still in possession of the unit or for any other reason tenant can come up with.

 

[FarmerJ]

VERY last here you wrote > My landlord claims to have taken $80 for cleaning and deodorizing the carpet, which I feel was covered under general wear and tear. (I did live there for FIVE years.) < leaving a carpet dirty is Not normal wear and tear! and 80.00 for carpet cleaning is a very low fee, ( call around to some carpet cleaners and ask them how much a LDH goes for these days (liv -din- hall cleaning - 2 room & hall) .

 

[sandyclaus]

I texted her from my cell phone to let her know I was out of the townhome. She said I could either leave the keys in the property, or I could mail them to the address to which I send rent. She did not, at this point, express that if I didn't return the keys soon, she would charge.

At no point did she EVER indicate I would be charged for not returning the keys.

There is also nothing in my lease stating a amount of time in which the keys need to be returned.

I waited until the 17th to return the keys only because I was caught up the moving and resettling process. She didn't do a walk-through, so I was unable to give her the keys in person. I wasn't aware I could leave them at the property until I spoke to her AFTER I left the property.

This is a no-brainer, but I can see that you don't get it. Allow me to explain this in simple terms.

As long as you have working keys to the property, you have free access to the property. Possession is retained as long as you have free access to the property. Therefore, as long as you hold the keys, you have possession of the property.

Every day that you retain possession of the property is considered a day she could legally charge you rent for doing so. She didn't need to tell you this, or put it in the lease agreement. This is just plain common sense.

Your misinterpretation of what it meant to keep those keys is NOT LLs problem. You did it, for whatever reasons, and the LL is entitled to collect unpaid rent to cover those days for which you were still in possession of the property. Sure, the LL could just have changed the locks, but then she could get into trouble for doing so if she couldn't verify you had actually voluntarily vacated the property for good. And YOU could have just went ahead and mailed the keys yourself much sooner, which could have saved you BOTH the headache and hassle of bickering about those extra days of rent.

Does this make sense now?

 

[LearnedHand]

Dont take your case to Court

Kern, apparently thinks five years of pet dander and mess is reasonable wear and tear, but agreed to pony up a pet cleaning deposit in the first place, anyway. ....

how does your petard feel ?

Until you deliver the keys, you are legally considered in possession of the property, unless there is a written agreement to some other effect....

Kern has changed stories on the landlord so many times, and has clearly caused very Substantial Delay for the LandLord, all to the Damage of the LL.

Kern illustrates a Classic Case for requiring a deposit !

 

[Zigner]

Ok, this thread is only 2-1/3 year old - at least now you're in the same DECADE with your necroposting