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Lease terms state that the landlord has 30 days from when we moved out to give us both a list of damages and the remaining security deposit. My question is does this refer to a postmark date? I imagine delivery date can be hard to uphold, given the "whims" of a mail carrier service. All I'm able to find is that the first day is excluded and the last is included in computation of time. If the last day falls on a weekend or holiday, the termination date of the time period falls to the following day.
The lease echo's the LAW that requires the LL to return the SD within 30 days --OR--
to provide an accounting of why some or all of that money is being withheld.
This notice can also include *additional* charges if damages or costs exceed the SD.
The lease echo's the LAW that requires the LL to return the SD within 30 days --OR--
to provide an accounting of why some or all of that money is being withheld.
This notice can also include *additional* charges if damages or costs exceed the SD.
From the lease itself, "Notices and Information":
"When a lease is ended, Landlord has 30 days to give Tenant a written list of any damage to the property that Landlord claims Tenant is responsible for. If the cost to repair the damage is less than the amout of the Security Deposit being held, Landlord must return the amount of the deposit not behing held back to fix those damages when the list is provided, along with any additional interest that has not yet been paid to Tenant. If damages are more than the amount of the Security Deposit plus interest, Landlord may keep the entire Secrity Deposit. Landlord may not keep any of the security deposit to cover damages if a list of damages is not given to Tenant within that 30 day period.If Landlord doesn't return Tenant's Security Deposit within 30 days of the end of the Lease, Tenant may sue and Landlord may be required to pay Tenant up to twice the amount of the portion of the security deposit that should have been returned. It is the responsibility of Tenant to give landlord his/her new address after the lease is ended."
The law doesn't appear to be clear whether the security deposit needs to be postmarked or actually received in 30 days. I wouldn't expect to win in court with a returned deposit that is postmarked within 30 days, though.
I did find a Texas law website that said it just has to be postmarked within 30 days. So, it would seem to be reasonable.
If your landlord is smart, he'll send it with delivery confirmation or proof of mailing.
I once had a former LL mail back my security deposit to the address where I once lived four years earlier when I first applied for that aptmt. (He had my forwarding address on the check-out sheet as requested by him at our final walk-through).
I once had a former LL mail back my security deposit to the address where I once lived four years earlier when I first applied for that aptmt. (He had my forwarding address on the check-out sheet as requested by him at our final walk-through).
You have to go by post mark date since otherise someone can fake a date in a letter and mail it a week later! On top of that a judge will not look at one or 2 days later since the mail can be delivered later than the stamp is stating...
If you are trying to get away with suing someone just because of the 30 days...than forget about it, it comes down to more than 1 day late.
You have to go by post mark date since otherise someone can fake a date in a letter and mail it a week later! On top of that a judge will not look at one or 2 days later since the mail can be delivered later than the stamp is stating...
If you are trying to get away with suing someone just because of the 30 days...than forget about it, it comes down to more than 1 day late.
Are you saying that as a real estate agent wishing a tenant wouldn't do it to a client of yours, with any substance behind it? One would think the law is the law...if it says 30 days and that was not adhered to, especially in this case by a LL that is a RE agent, then that's what matters, and especially when buffer days were given to account for postage...and it's postmarked past 30 days.
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