Landlord wont return security deposit after 42 days, small claims court? (Houston: lease, month to)

[Rynnakat]

I rented a house in Houston, TX from a man who had moved to NY. I got the keys, paid $1200 security deposit and $300 pet deposit. The house had just had the worlds cheapest flattest carpet installed but I took excellent care of it and shampooed it after a year. I lived in the house 14 months on a month to month lease, gave 45 days notice, turned in the keys to his associate on Nov 30, and signed the move out paperwork after an hour long walkthrough.

Everything looked good.

I emailed and left a VM at day 35 asking about the return of the security deposit. He called on Jan 12th (day 42) and said I wasn't getting anything back because the carpet is "ruined" and smells. I told him according to Texas law he waited too long to send me a damage list and therefore I am entitled to the full amount.

It did not smell when we moved out. I have pictures of the house in perfect shape upon move out and his associate did not mention any smell at all. He only enquired did I have a cat because he had allergies and I said yes.

Today I sent my certified letter #1 to NY for demand of payment and cited the Texas Security Deposit law.

Got a letter in the mail today (coincidentally) that since I only offered my forwarding address via email on Dec 27th, that he has 30 days FROM THAT DATE to provide the list of damages and now says all the carpet needs to be replaced and he is in the process of determining repairs and will turn in the repair list by Jan 27th.

His letter sites this excerpt from our lease: "The property code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the property and give (sp)the landlord a writen statement of the tenants forwarding address, after which the landlord has 30 days in which to account"

I know he is trying to buy time since he F'd up. Can a lease void Texas Security Deposit Law? I have to go dig out the lease to make sure it really says that.

I am ready to file the small claims court paperwork but I have to wait 10 days beyond the first certified letter and then send another certified letter according to my research.

1. Does he have to appear in Texas to small claims court when he is served?

2. Is his "lease" workaround jargon going to void the option for me to sue for 3X the amount plus attorney fees according to Texas Law? I recall that I wrote the forwarding address on the move out walkthrough form but I don't know for certain because I didn't get a copy of it. His associate said it would be mailed to me but they never did.

3. I spoke to the landlord in November and asked when the security deposit is usually returned and he stated 30 days AFTER the keys are turned in.

Thanks, sorry so long!
Rynnakat

§ 92.107. TENANT'S FORWARDING ADDRESS. (a) The landlord
is not obligated to return a tenant's security deposit or give the
tenant a written description of damages and charges until the
tenant gives the landlord a written statement of the tenant's
forwarding address for the purpose of refunding the security
deposit.
(b) The tenant does not forfeit the right to a refund of the
security deposit or the right to receive a description of damages
and charges merely for failing to give a forwarding address to the
landlord.

[Poltracker]

I think your ex-LL would probably win this one in court. So give him his 30 days from the date he got the address and see what happens. Just document everything including conversations, e-mail, snail mail, etc. I have a feeeling you may be going to JP Court after that 30 days anyway.

[chris_ut]

Have you talked to the association? You need to get a copy of that document and see if the address is there. That would negate his claim of having a further 30 days.

[Rynnakat]

I just asked the landlord via email for a copy of the move out form. Hopefully he wont try to edit it.

Thanks guys,
Rynnakat

[tstone]

Originally Posted by Rynnakat

His letter sites this excerpt from our lease: "The property code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the property and give (sp)the landlord a writen statement of the tenants forwarding address, after which the landlord has 30 days in which to account"

So did you do this and have record of it?

If not, you lost. Case closed and don't waste your time.

[srt_unit]

Well didnt his associate do a walkthru with you ???..If so the associate should of pointed this out in the hour walkthru..pretty much when he signed and you signed after the walkthru it meant that there was nothing wrong..so he cant come back and say something is wrong..

[Rynnakat]

Originally Posted by srt_unit

Well didnt his associate do a walkthru with you ???..If so the associate should of pointed this out in the hour walkthru..pretty much when he signed and you signed after the walkthru it meant that there was nothing wrong..so he cant come back and say something is wrong..

Yes I totally agree. I just emailed the ex-landlord for the second time asking for a copy of the walkthrough. He hasn't replied so it's probably because he is like "crap"

Someone told me it's around $100 to file small claims court, and if the landlord doesn't show up then the judge would say that I won, anyone know if that is the case? I wonder especially because I am in Houston and the landlord is in NY so this might happen.

Thanks!!

Rynnakat

[chris_ut]

What are the odds that he would pay you even if you won. If he isn't coming back to Texas then he doesn't have much incentive.

[Rynnakat]

Update, he had the carpets cleaned and deducted $250 from my security deposit and returned $950 to me today but not the pet deposit. Do I send a certified letter demanding the $250 back? The $300 refundable pet deposit should have covered the carpet. At least I got back $950!!!

Thanks guys!