security deposit

[albert mercer jr]

i lived in a mobile home for the month of feb 2001. i paid march rent and gave written notice on mar 6th and moved my things out on the 13th(i had already paid march rent) when i called around the 20th of march to discuss the return of deposit($200)and the landload stated your not getting it back because its for blinds and stuff.on top of that he had new tenants living there around the 20th of march.i asked for half months rent he also said no.i was renting month to month and had a rental agreement that was on a piece of paper stating i would pay a deposit of$200 which i did and it stated nothing of being non refundable. i also send out a certified letter of my new address.I have a signed written notice from me to the landlord, $200 deposit receipt from the landlord, and a copy of the rental agreement. Can i bring the landlord to court and get my money back and possibly half months rent. thank you

al mercer from texas

[Edited by albert mercer jr on 03-28-2001 at 04:46 PM]

 

[LL]

Probably not.

You gave notice on March 6. If 30 days is required, that means you owe rent until April 6. Some states even have rules that you have to gvie a calendar month's notice, which means that you owe rent until end of April. So how did you come to demand 1/2 month's rent to be returned?

As for your $200 deposit, the landlord probably owes you a description of what it was used for. Maybe he used it for unpaid rent, especially since you owe at least until April 6.

Generally, it seems to me that Texas law depends heavily on the contract. It doesn't have to say non-refundable. It's purpose is for the landlord to hold it until after you leave, and Texas law says that he can make deductions from the deposit for violations of the contract.

 

[albert mercer jr]

security deposit 2

has for my rent, the rent was paid from march 1st to april 1st, therefore marches rent was taking care of. written notice on march 6th. i had to move my things in the new place by the 15th of march, but the landlord had full rent for the month of march.30 days is required, but the rent was paid. on th 18th of march the landlord had new tenents in the mobile home,i had already paid for the month of march,therefore he got new tenents in the place half way through the month of march.so he collects all of my months rent of march even no he got new tenents in half way through the month.by texas law the landlord has thirty days to produce a itemized bill of deduction from the day i give him a written thirty day notice,if he plans on keeping some of the deposit.on the cotract all stated was to keep the noise level down,keep the lawn debris picked up.i lived in the mobile home for roughly a month and half not even long enough to do damage. the landlord doesn't even contest that he just says iam not getting it back.

*i'am asking only because this is my first ever having to do something like this and i don't want to go to court and look like a jerk.i hate the idea of someone trying to take my money that i rightfully have coming back.

al mercer from texas

[Edited by albert mercer jr on 03-28-2001 at 10:42 PM]

 

[mary hartman]

HEY AL:

This is great way to learn about our legal syatem....sue him in small claims court for your deposit and partial rent back, claiming it is ILLEGAL for a landlord to collect rent on the same apartment from 2 people.

and good luck!