queenofsand
Member
What is the name of your state? TX
I hope I can condense the details and not bore you with our sad story.
Our kids did not receive their security deposit within the time allowed. They should have received an itemization postmarked no later than 3 March. Their lease wasn't renewed, they were out of the unit 31 Jan, returning keys with their forwarding address. They were current with their rent but had been in conflict with the property manager over several issues--the neighboring tenant (duplex) also moved out because of the same issues (he had months left on his lease).
They sent a letter asking about their refund on 17 March. Today, 25 March, they received the customary 'no balance was left after damages totalled the exact amount of your deposit' letter.
The kids want to go to small claims. I'm advising them to drop it because the property manager will countersue for damages above and beyond the deposit. Management is willing to call it even. There are damages that they will get charged for if push comes to shove.
TX law says a landlord is presumed to have acted in bad faith if they violate the 30 day limit for the refund accounting. Their excuse for not responding in a timely fashion was they lost the forwarding address and she'd been out of the office for 2 weeks. I believe that excuse is bogus as a defense for failure to respond. We have a copy of the letter with the forwarding address/keys that is signed by someone in the office so there's proof plus they admit to losing it. Does that meet the criterion for bad faith?
Does failure to respond with a refund or itemization within the prescribed time forfeit the landlord's right to sue for damages? (TX PC 92.109)
If it doesn't, I think they are making a mistake to go to small claims. They will get slammed for no pictures of move-in/move-out. The property manager will have pictures of damage plus the inspector's statement of the final walk through. I know, I know, I tried to get them to document everything but what do I know?
I appreciate your time and knowledge to clear this up for me. Thank you!
I hope I can condense the details and not bore you with our sad story.
Our kids did not receive their security deposit within the time allowed. They should have received an itemization postmarked no later than 3 March. Their lease wasn't renewed, they were out of the unit 31 Jan, returning keys with their forwarding address. They were current with their rent but had been in conflict with the property manager over several issues--the neighboring tenant (duplex) also moved out because of the same issues (he had months left on his lease).
They sent a letter asking about their refund on 17 March. Today, 25 March, they received the customary 'no balance was left after damages totalled the exact amount of your deposit' letter.
The kids want to go to small claims. I'm advising them to drop it because the property manager will countersue for damages above and beyond the deposit. Management is willing to call it even. There are damages that they will get charged for if push comes to shove.
TX law says a landlord is presumed to have acted in bad faith if they violate the 30 day limit for the refund accounting. Their excuse for not responding in a timely fashion was they lost the forwarding address and she'd been out of the office for 2 weeks. I believe that excuse is bogus as a defense for failure to respond. We have a copy of the letter with the forwarding address/keys that is signed by someone in the office so there's proof plus they admit to losing it. Does that meet the criterion for bad faith?
Does failure to respond with a refund or itemization within the prescribed time forfeit the landlord's right to sue for damages? (TX PC 92.109)
If it doesn't, I think they are making a mistake to go to small claims. They will get slammed for no pictures of move-in/move-out. The property manager will have pictures of damage plus the inspector's statement of the final walk through. I know, I know, I tried to get them to document everything but what do I know?
I appreciate your time and knowledge to clear this up for me. Thank you!