Landlord trying to keep security deposit

[beera]

Nice! Did you get the full deposit back then?

If a LL wants their tenant to touch up the paint, then they should go by and give the the correct paint... Personally we would rather do paint and things ourselves because we've had tenants do things like paint over fixtures and wall sockets, totally nightmare to clean/replace.

[bentlebee]

Great job! I'm always on the side of the one who has the law on their side and I will fight for tenants and/or owners depending on who is right since we dealt with nasty unreasonable owners as well as bad tenants.

Never give in to a bully and a person who think that barking will help them to scare a honest tenant or owner and get away with it.

Right now we are dealing with a bullying tenant who is so unreasonable that even contractors refused to perform work at the property. Even on Monday when we had scheduled work to be done it was cancelled at 1.30 am by the tenants and only after I stated they will be liable for the service fee the contractor most likely will charge for losing out of work else where and having scheduled this 4 hour job she allowed to have the work performed.

No rent was paid and she stated today after a 3 day notice was served that we should be happy having the last month rent and security deposit and that would help her find another place and we would be happy.

I emailed her that by Monday she will have a eviction filing in her name and that's a promise.

I'm so happy for the OP that the certified letter and a little leg work had a positive result...we see that all the time since most people will realize that the other option will cost a lot of money.

[midwest61021]

Originally Posted by FletchFFletch

I'm on the fence about whether to pursue a claim in small claims court(Fort Bend County). Thought I'd seek the advice of the internet! Anyone been through this in Fort Bend? Thoughts on the chances of seeing anything out of this?

Quick timeline:
1/10 - gave 60+ days notice(per the lease) along with forwarding address. Received confirmation of receipt from LL two days later
3/2 - received an email with a list of a dozen items or so to clean/fix. Mostly touch-up paint.
3/8 - notified LL that all but one item(replacing small piece of sod next to downspout) were fixed and returned keys
3/13 - LL emails that touch up paint not the same color as the wall. Upon move-in the LL had pointed out two cans of paint that were left for touch-up(verbal, so no proof). I replied that I used the paint he provided and it appeared to match the wall. He responded that they were left by prior tenant and may have been wrong color.
3/14 - end of lease

It's now been 47 days and have not received deposit or an accounting documenting damages and charges taken out of security deposit as required by the property code. In fact it's been complete radio silence. I have a letter prepared to send via certified mail along with the section of the property code and another copy of my notice that showed my forwarding address.

Does his brief email on 3/2 suffice for an accounting? He gave no feedback to the items we fixed other than the paint. He gave no itemization of charges being withheld.

What's your experience? Do I have a case? Or am I screwed? Per the law we are beyond the 30 day limit where the LL can claim damages. If I take to small claims court is there a chance I could wind up paying damages?

Thanks for your feedback!

Tell your moron LL (in private) to cough up your damn deposit, or you'll COST him a LOT more than just paint if he doesn't honor his obligation to you!! Don't mince words, and BE sincere and ready to back up your actions. I used this tactic when I had problems getting mine back, and he paid up.

[STT Resident]

^^^ See Post #9.