Apartment management says I owe for charges I don't upon move-out. Won't explain or contact me

[quincy]

Ummm...this is the 21st Century. Email evidence is used all the time. Emails get printed and offered into evidence. They're regularly displayed on Elmo viewers, etc., etc.

That said, I don't disagree that some places are sufficiently backwards that they might not be up to speed with technology, and I have no idea what specifically Texas law might have to say on the subject.

Emails can be harder to authenticate.

Here is a link to the Texas Rules of Evidence:
https://www.bexar.org/DocumentCenter/View/22615/Texas-Rules-of-Evidence-PDF

 

[JackM678]

This is a couple years old, but I never explained how this ended.

Three days after moving out, the apartment complex who had my e-mail, phone number, and new address never contacted me saying I owed any money, but said to the collection agency I owed 450 dollars. I disputed it, so they followed up with the complex requiring a breakdown of charges to prove I owed them.

The charges were $107 of unpaid final utilities and the 2 months of water that they told me they didn't add until after moving out. The rest of it they charged 3 charges of a little over $100 some kind of unpaid penalty that they made up and pulled out of their ass. The collection agency rejected those 3 charges and just put the $107 on my credit report, and it was taken off after I paid it.

I had to pay an extra $500 in my security deposit to my new place though because they wouldn't give me a reference out of retaliation, but I don't know if there is any legal action I could take on that.

 

[adjusterjack]

I don't know if there is any legal action I could take on that.

It would probably cost you more to sue than the money you might win. The extra $500 on your security deposit is not damages because it's still your money, refundable when you move out.

There was a time when you should have taken action. Texas security deposit statute requires and accounting of the security deposit within 30 days of move out. If you didn't get one, your time for action was after the 30 days. If you didn't ask for one after you moved out this is as much your fault as the landlord's.

Texas Property Code Title 8, Chapter 92, Subchapter C (2021) - Security Deposits :: 2021 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

 

[JackM678]

It would probably cost you more to sue than the money you might win. The extra $500 on your security deposit is not damages because it's still your money, refundable when you move out.

There was a time when you should have taken action. Texas security deposit statute requires and accounting of the security deposit within 30 days of move out. If you didn't get one, your time for action was after the 30 days. If you didn't ask for one after you moved out this is as much your fault as the landlord's.

Texas Property Code Title 8, Chapter 92, Subchapter C (2021) - Security Deposits :: 2021 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

That's because I didn't have a security deposit at my last apartment.

 

[adjusterjack]

OK. Keep the statute in mind for the next time.

 

[quincy]

This is a couple years old, but I never explained how this ended.

Three days after moving out, the apartment complex who had my e-mail, phone number, and new address never contacted me saying I owed any money, but said to the collection agency I owed 450 dollars. I disputed it, so they followed up with the complex requiring a breakdown of charges to prove I owed them.

The charges were $107 of unpaid final utilities and the 2 months of water that they told me they didn't add until after moving out. The rest of it they charged 3 charges of a little over $100 some kind of unpaid penalty that they made up and pulled out of their ass. The collection agency rejected those 3 charges and just put the $107 on my credit report, and it was taken off after I paid it.

I had to pay an extra $500 in my security deposit to my new place though because they wouldn't give me a reference out of retaliation, but I don't know if there is any legal action I could take on that.

Thank you for the update, JackM678.

The charges for utilities make sense because those generally aren’t figured until the day of move-out. I am glad you disputed the amount charged, to get the “made up charges” removed. Your previous landlord might have had success collecting excess fees from tenants who simply pay whatever is billed.

It is too bad that you weren’t able to get a good reference from your old landlord but, as adjusterjack said, you should get the security deposit refunded (in whole or in part) at the end of your new tenancy.