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Unit Filthy Upon Move-in Letter to Terminate

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Donewrong

Junior Member
What is the name of your state? TX

Rental Duplex from Husband/Wife small business - they seemed very "swamped" and unorganized. The process of approval of application/ Lease Agreement, etc was delayed. Viewed unit while it was still occupied. Later, I was asked to turn on utilities, so the unit could be cleaned, before I moved in.

On date of move-in, you could tell that the unit was just as prior occupants left it. You could see where previous tenants had their couch caddy-corner in living room by the dirt in all walkways, and dirt all along the walls - there was trash and dirt everywhere.

Since landlord had said/wrote carpets would be professionall cleaned, I called and asked when, because there was no evidence of it. I described how messy the house was and she became belligerent, which later turned to a long story, admitting that her husband said their friend cleaned carpets did a very poor job. I still stand by the evidence that proves the carpet was not cleaned at all, but she agreed to have the carpet cleaned after they got back from 4th of July vacation, which meant I could not move in until they got back from vacation and the carpets were cleaned and dried. Later I found mold and damaged wood in an entire wall of kitchen cabinets, and it stunk up the unit when I left doors open. Due to her behavior and the problems I had already had, I read lease and abided by process to terminate lease due to Delay of Occupancy, sending a certified letter the very next day. I have pictures of it all.

Landlord sent written response that they are not returning $500 deposit, plus I had to pay for utilities until they were disconnected.

Do I have a good chance in a TX court?
 
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Ohiogal

Queen Bee
How much notice did you give? Did you pay any rent? Did you move in at all? If you sue her for the deposit they may countersue for the rent.
 

Donewrong

Junior Member
My move-in date was July 1. I mailed the letter on July 2. I had not yet paid rent. It's sad to think they could successfully sue me for rent when the unit was as filthy as it was.

I moved in a refridgerator on July 1, because a friend was storing it closeby, then moved it out on July 2 - that's it.

Thanks for taking the time to reply!
 

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