Texas LL admits 30 days has passed on deposit, mediation fails. Do in win in court? (renter, security deposit)
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Gave proper notice, gave forwarding address and keys on time, no outstanding rent. After 30 days I asked for my security deposit ($2,000) and pet deposit ($500) back. Was told by property manager (LL live in girlfriend) that she's been waiting on LL to give her invoices for what we are going to owe.
My response was according to Texas law since 30 days has passed I am entitled to my entire deposit back please advise when I will receive. At day 40 I receive an accounting saying I owe them $500. I sent a certified letter proving the state law and again asked for my deposit back.
Few weeks passed with no responses so I filed suit. At that point I started receiving texts messages from the prop mgr girlfriend saying if I sue for rent he will counter sue for his damage list. I advised her of the statute previously provided that after 30 days he also lost his right to sue for damages. At that point she said he has authorized her to offer us $1,000 to settle. I declined.
Three days before mediation I start getting calls from his attorney again offering to settle. We go to mediation and he again sticks to the settlement figure. I pointed out to the mediator that my positions is simple. The law is the law and after 30 days I am entitled to my deposit. I am willing to end this today for my $2,500 and if not then I am willing to go to court. The law says I am entitled to $100, 3x deposit, and court/attorney fees. His response was yes this came after 30 days but he thinks it's only fair that I have to pay for damages and he goes about explaining them and showing some photographs. I was asked by the mediator to respond. My response was since 30 days I have no obligation to respond to this list.
I have no doubt I could argue these as being normal wear and tear but that is beside the point. They demo'd much of the house after we moved out too. They bought it to flip and it didn't sell so they rented it out. Now they updated all the baths and fixtures and tried to charge me to paint the entire house, replace carpet, and replace hardwood floors due to water damage. Ridiculous.
I have read the law and I have also read every website or post I can find just to make sure I have nothing to worry about in court. I am assuming the law is the law and there is no wiggle room for a judge here. All parties agree 30 days went by. I'll be more than happy to get 3x because of his stubbornness but all I really wanted was my $2500 back.
Anybody have experience in a situation when the judge ignored the 30 day window?
You want strangers on the internet to guess what a judge they don't know is going to rule? The judge will hear both sides, look at proof, and then decide. You are going to have to wait and see what the judge decides.
Your basis is 100%. Unfortunately, you are in Texas and we have read some horror stories (and I know two people in particular) where the law was 100% on their side yet the judges still sided with the "land owner" over the renter. One case is in appeals and the other has been remanded back for reconsideration. Texas gives great weight to the "land owner" rights even if not written in law or contradicts the laws, so prepared just in case.
The law is on your side so I'd say go for it. You may want to get a consult from a local real estate lawyer just to make sure you didn't slip up someplace but the law is clear. Not only does your LL forfeit his right to the deposit they also forfeit their right to collect any damages at all by missing that deadline.
The law is definitely on your side. Take them to court. I've done so in CA and won, and helped others win, too. When you have a clear law, the judge has to follow it.
Be sure and ask for your court fees, too. Go get him!
The law is on your side but when you go to court be prepared to demonstrate you are also due full return of your deposit. I like doing business in Texas; it is a very landlord-friendly state. So if you truly did damage the place you may not fully get a deposit returned.
I think the law is that they must return the full deposit, and they can't with hold any amount, but they can still sue you for damages. Best to settle for the $500 and get $2K back or else you will have to pay their court costs if they win, unless you know you caused no damages
But if you sue for $2500 they have to pay it and your filing fees when you win, but they can file a counter suit or sue you later.
I think the law is that they must return the full deposit, and they can't with hold any amount, but they can still sue you for damages. Best to settle for the $500 and get $2K back or else you will have to pay their court costs if they win, unless you know you caused no damages
I see your point. But, this guy is already paying a lawyer. He'll have to pay him to go to court (if they're allowed in small claims court) or to advise him about court. Then, he'll lose in court and be out the full deposit and court costs for the tenant.
Then, to turn around and sue the tenant, and incur more legal fees, only to get some of the deposit back, seems very unlikely. Especially when this guy tried to settle.
What a dork, though. To pay a lawyer to try to settle for less than the deposit. I bet he's already out the amount of the deposit. What an ego. He's just bound and determine to "win," but his definition of winning is seriously skewed.
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