Need help on handling a deposit on a house

[Lynda99]

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

I've been renting a house for over 4 years, with a rent of $1300.

I've given 30 days notice by certified mail that I'll be moving by May 1.

I was getting ready to pay my April rent when something occurred to me:

My house is in perfect condition, but there is absolutely zero chance that I'll get my $1300 deposit back from these people. ZERO. Right now the homeowners association is suing them because they haven't paid HOA dues for 2 years! They're awful little sleazes.

What is the worst that can happen if I don't pay April rent, so they have to apply the deposit to April?

 

[Gail in Georgia]

The worst?

They file for eviction against you, take you to court, win based on the fact that you owe rent, the sheriff oversees your eviction where all your items are dragged out of the house and placed by the side of the road, the eviction on your record makes it impossible for you to find another decent place to live...and then they turn around and sue you again for the owed rent.

Far better to pay the rent for April, move out, wait for your security deposit and sue THEM if this is not returned within your states required time frame.

If the landlords are such awful sleazes, why did you rent from them for the past four years?

Gail

 

[Who's Liable?]

The worst?

the eviction on your record makes it impossible for you to find another decent place to live...l

Lets not get dramatic...

 

[Lynda99]

For craps sake. They can't evict me in the 25 days from the 5th to the 30th. They can't put my stuff on the curb in that time frame, Gail, and I'm sure you know that. Why would you purposely give me bogus information?

And what amount would they sue me for, since they will owe me $1300 and I will owe them $1300. And why would I spend $1300 suing them to get back $1300?

((Sue for what? What financial losses have they faced?<from Gail, on another thread.))

They have no relationship with the credit bureau, they have no business interests that would require a substantial expense like that. They have one rent house. I have a credit score of almost 800. If they did manage to turn me in, I could get it removed. I'm not afraid of that.

I rented from them because I liked the house, and after I figured out their style, I did my own repairs to keep them away from here. Everybody happy, until now, when I want my deposit back. Obviously I didn't know they were sleazes when I rented.

I just want my deposit back, and since they owe the HOA two years of dues, plus all kinds of bill collectors trying to find them here, I know I'll never see it.

Can someone please give me some accurate information? I would appreciate it very much.

 

[tranquility]

Here's what they'd do it they were smart. They'd give you either a 3 day notice to quit or pay rent and then follow through with eviction. (Which will drop your 800 credit score substantively.) Then you would pay the money under the judgment.

Or (Perhaps concurrently, I don't know the procedure in Texas.), they'd sue your under Texas Property Code §92.108 with a penalty of three times the wrongfully withheld rent, plus the landlord's attorney fees.

 

[Lynda99]

Or (Perhaps concurrently, I don't know the procedure in Texas.), they'd sue your under Texas Property Code §92.108 with a penalty of three times the wrongfully withheld rent, plus the landlord's attorney fees.

Aha. That's interesting, and the glitch i was afraid of.

Any suggestions of a pre-emptive strike I might make to increase my chances of getting my deposit back?

 

[tranquility]

Just follow procedure and document everything. There is no proactive thing you can do.

 

[Who's Liable?]

Just follow procedure and document everything. There is no proactive thing you can do.

The PROACTIVE thing to do would be to give LL a forwarding address as well as a demand letter for the deposit sent CRR BEFORE OP vacates said property.

 

[tranquility]

A forwarding address is important. A CRR demand letter before it is ripe would not change the legal situation and would not count as a "demand".

 

[Gail in Georgia]

Want to bet you can't be evicted in 25 days in Texas?


Texas Evictions

Gail

 

[Lynda99]

No, you can't. That's ludicrous. The only way you can get someone out in that timeframe is if they've done something criminal.

You have an internet connection, show me a case.

Anyway, you have no cred, the other stuff you told me is incorrect. This forum seems to have some bitter landlords who lurk for the express purpose of BS'ing tenants looking for help.

 

[FarmerJ]

Getting someone out is different than creating a paper trail with the court system , much faster to create the paper trail , and get case filed in under 25 days and considering how many firms there are out there now gathering information to be sold /used for screening services that are used by LLs to screen tenants and use the information to reject tenants its up to you if you want to chance it , totally your choice! but about your deposit , you can rent a self storage NOW and start removing things and cleaning and documenting from A to Z how clean you leave the unit with photos INC taking photos of so called routine wear and tear areas make sure everything is cleaned leaving little of anything untouched including the carpets , then if the LL acts unfairly regarding your deposit funds use your pictures and reciepts to back up your claim that the LL is not entitled to one dime of the deposit due to it being left in good condition and let the courts decide . If any penalty is awarded for unfair witholding or failing to follow the law ask for it too

 

[Lynda99]

Getting someone out is different than creating a paper trail with the court system , much faster to create the paper trail , and get case filed in under 25 days and considering how many firms there are out there now gathering information to be sold /used for screening services that are used by LLs to screen tenants and use the information to reject tenants its up to you if you want to chance it , totally your choice! but about your deposit , you can rent a self storage NOW and start removing things and cleaning and documenting from A to Z how clean you leave the unit with photos INC taking photos of so called routine wear and tear areas make sure everything is cleaned leaving little of anything untouched including the carpets , then if the LL acts unfairly regarding your deposit funds use your pictures and reciepts to back up your claim that the LL is not entitled to one dime of the deposit due to it being left in good condition and let the courts decide . If any penalty is awarded for unfair witholding or failing to follow the law ask for it too

After the information from tranquility, I paid my rent. I'd rather collect treble damages than pay treble damages. I'm certainly not concerned about "not getting another place to live", this house isn't even my primary residence, I live in another town.

The house is spotless other than items listed on my original walkthrough.

This should be interesting, I'm convinced that they will never return my deposit without a war.

 

[atomizer]

No, you can't. That's ludicrous. The only way you can get someone out in that timeframe is if they've done something criminal.

You have an internet connection, show me a case.

Anyway, you have no cred, the other stuff you told me is incorrect. This forum seems to have some bitter landlords who lurk for the express purpose of BS'ing tenants looking for help.

I lived in San Antonio and had to evict a deadbeat. I believe I did it within 15 days. That includes the time it took to serve them. of course some citys/towns may take shorter or longer time frames.

 

[atomizer]

From start to finish approximately three weeks.
3 days from notice to vacate to filing of suit
8-10 days to serve the citation- The law requires the defendant have six days notice before the hearing.
5 days to appeal the suit following the hearing required by law.
2 days- The Constable is required by law to post a 24 hour vacate notice on the Writ of Possession
20-23 days is the minimum amount of time to evict someone in any County in Texas. It must also be noted that any eviction suit is subject to appeal to the County Courts-at-Law.
Is there a faster way to evict someone? There is a remedy that can shorten the time period from 23 days to ten days if you prevail in Court. This is known as a Bond for Immediate Possession and includes a Notice to Defendant of the Bond for Immediate Possession. By filing a bond for immediate possession, the eviction process could be shortened provided the defendant does not request a trial or post a counter bond.
Texas Evictions