Security deposit small claims?? (Austin, Lubbock: renters, lawyers, water heater)

[STT Resident]

Originally Posted by Lashay35

That's what I told him WITHIN 30 days he said he had 30days, it also states within 30 days in my lease

And the 30th day is today. Don't teach him the law, he's supposed to know it. If you get the reckoning from him after the 30 days then you simply write to him disputing whatever else he's going to come up with as a deduction from your SD, quote the relevant statute about return of the deposit and tell him that you expect full return of your SD less the $25 pro-rated shortage within 10 days, otherwise you'll take the matter further. If he doesn't comply then you'll just go down to Small Claims court and file your claim.

[Lashay35]

Yes they asked us to move because whoever the buyer was, wanted to close on the house May 20th, therefore that's why we agreed to move out the 18th

[Lashay35]

Any good strong demands letters, I saw a few but will keep looking

[gpurcell]

How long in advance did they ask you?

[Lashay35]

May 2nd

[High_Plains_Retired]

First, did your lease state that the house could be sold before your lease was up? If not, you definitely have a claim.

Additionally: If a mid-lease sale was allowed in the original lease, was there anything in writing that showed that all parties agreed on a departure date on the 18th? If not, it is simply his word against yours. Also, the fact that the landlord cashed your check instead of returning it it for a corrected amount could easily be be interpreted in court that the $725 amount was acceptable to him.

Also, I do not follow the math here. At $1250 per month, I calculate your daily rent for May as $40.32 a day. Seventeen days should then be only $685.48?

Keep in mind I'm no lawyer. I have, however, been an area landlord. Based on your side of the story, I would say you got a "stinker"for a landlord and one of the reasons I am no longer in the rental business.

[Lashay35]

Nothing in my lease about the sale of the home or anything. He is saying I should have calculated 1250/30 days which is 750 not 725, nothing in writing per say it was all through text between me and the realtor, the realtor was speaking for the landlord at that time

[Lashay35]

It's almost 4 here in texas and I didn't get anything from him, today IS the 30th day, I am going to send a demand letter, from what I read if I didn't get any explanation or check, he is in default for not returning my deposit or anything

[STT Resident]

Wait for a couple more days more and see what his letter says, then you can respond.

[Lashay35]

ok thanks!