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Withheld Security Deposit in Bad Faith - TX

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Toorak6

Junior Member
What is the name of your state (only U.S. law)? TX

Landlord return security deposit check on the last day (30th day), accompanied with a handwritten note stating items deducted without cost for each item. I wrote to request justification of the deduction, Totaling $1400, and requested full refund. She then wrote back with itemized costs, after the 30th day.

During the walk-through I have requested if there are potential deductions, discuss with me within the 30 days. This was obviously ignored.

I disputed the charges, especially the cracks along vein of marble tiles at the foyer, since we hardly use this area and foundation was jacked during our stay. I consulted flooring company and tiling forum and was informed it's a very possibly due to the foundation work. She claim we bounced something on the floor and crack it. $700 withheld for this. There are other wear and tear charges I disputed as well.

Does this constitute 'bad faith' in this case ? I feel that she's been trying to write her own check in the first attempt when returning the deposit check, then only scramble to make up the numbers for each item. Rented for 3 years with only 1 late payment. We took good care of the property and cleaned the house prior to moving out. I also feel that she's retaliating as she was selling her house and I low balled.

Appreciate your advice.
 


Gail in Georgia

Senior Member
If you disagree with the amount kept from your security deposit for what the landlord claims are damages above normal wear and tear, your option is to sue for these funds.

Most of these cases are heard through Small Claims court as they involve relatively small amounts of money in dispute.

Gail
 

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