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Trial date for deposit issues set- help

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tenant08

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

I am about to go to small claims court against my Landlord and do not feel confident in our case. He’s hired a lawyer who has been sending me rude letters calling me greedy and telling me I was misinformed as to the meaning of the law.

The reason I’ve filed in small claims court is that our LL didn’t return our deposit for almost six months despite repeated phone conversations, e-mails, and a certified letter of demand after five months. We did give him our new address before we moved out and again three times over the course of six months. When he did return our phone calls it was to tell us he was just about to put our check in the mail but weeks would go by and the check didn’t arrive. I filed in small claims court in Houston at the end of May and in the next week we received a partial refund on our deposit (he unlawfully retained $700 to repair his air conditioner.)

This is what I understand of the law and is why I am suing him.

Section 92.103 – LL should have refunded our money or sent a letter detailing and deductions by 30 days after we had moved out. Our LL waited almost six months.

Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

The LL’s lawyer said basically that he would present to the judge that our LL was a novice LL, there was a death in his family, and that we were basically just being greedy.

I just need to know if (a) I have the correct understanding of the law and (b) if there are any loopholes I should be aware of before facing the LL’s lawyer in court???
 


HuAi

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

I am about to go to small claims court against my Landlord and do not feel confident in our case. He’s hired a lawyer who has been sending me rude letters calling me greedy and telling me I was misinformed as to the meaning of the law.

The reason I’ve filed in small claims court is that our LL didn’t return our deposit for almost six months despite repeated phone conversations, e-mails, and a certified letter of demand after five months. We did give him our new address before we moved out and again three times over the course of six months. When he did return our phone calls it was to tell us he was just about to put our check in the mail but weeks would go by and the check didn’t arrive. I filed in small claims court in Houston at the end of May and in the next week we received a partial refund on our deposit (he unlawfully retained $700 to repair his air conditioner.)

This is what I understand of the law and is why I am suing him.

Section 92.103 – LL should have refunded our money or sent a letter detailing and deductions by 30 days after we had moved out. Our LL waited almost six months.

Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

The LL’s lawyer said basically that he would present to the judge that our LL was a novice LL, there was a death in his family, and that we were basically just being greedy.

I just need to know if (a) I have the correct understanding of the law and (b) if there are any loopholes I should be aware of before facing the LL’s lawyer in court???
Seems like you have him by the family jewels. Do you have records of your communication with the LL, paritcularly that you left him your forwarding address?
 

tenant08

Junior Member
Yes, we paid to get out of our lease a couple months early and we both signed papers ending the contract. This document had our forwarding address and he actually mailed us a copy to our new address a month after we had moved.
 

FarmerJ

Senior Member
Best wishes for you in court , Your LL is supposed to know the law since having rentals is a legit business. The LL has no valid excuse for not addressing this sooner.
 

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