rental deposit

[kkat]

What is the name of your state? Texas
A friend rented an apartment and gave a deposit.
She is now moving, gave her notice, did not break a lease agreement and cleaned her apartment.
Their was no damage.
This apartment community was bought/took over/managed by a new owner during the time she lived there. Now the "new owner" refuses to give her deposit back saying she would need to contact the previous original owner/management that handled the property when she first rented the apartment to get her deposit back. She has no idea where to contact this propery management company or if it is still in business.
What does she do ?

 

[HomeGuru]

What is the name of your state? Texas
A friend rented an apartment and gave a deposit.
She is now moving, gave her notice, did not break a lease agreement and cleaned her apartment.
Their was no damage.
This apartment community was bought/took over/managed by a new owner during the time she lived there. Now the "new owner" refuses to give her deposit back saying she would need to contact the previous original owner/management that handled the property when she first rented the apartment to get her deposit back. She has no idea where to contact this propery management company or if it is still in business.
What does she do ?

**A: that is bogus. Tell her to demand her deposit in writing by the statutory period then if nothing, file a small claims action against the new owner.

 

[JETX]

The excuse the landlord is giving is contrary to Texas Property Code:
"§ 92.105. Cessation of Owner's Interest
(a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired, regardless of whether notice is given to the tenant under Subsection (b) of this section.
(b) The person who no longer owns an interest in the rental premises remains liable for a security deposit received while the person was the owner until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.
(c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure."

I suggest your friend advise the current landlord/owner of this statute and make a demand for the deposit.

However, if your friend feels that the landlord may deduct excessive amounts or for any other reason wants to protect her deposit, she can do the following:
1) Make sure that she gives her forwarding address to the landlord in writing.
2) Wait for 30+ days after giving the forwarding address, then send the landlord a letter demanding the FULL deposit refund.
Texas law states that if the landlord fails to provide a refund and/or accounting of the deposit within 30 days of surrendering the property and giving address notice, the landlord loses any right to deductions from the deposit!!

Applicable statutes:
http://www.capitol.state.tx.us/statutes/py/py0009200.html#py034.92.105

 

[HomeGuru]

Good work JT.