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The facts:
I lived in this unit for 2 years. I am in Dallas, Texas. I put down a $720 security deposit. I moved out June 7th, 2015. I gave my landlord adequate notice and my new address in the form of an email. It's probably not relevant but before I moved out, my landlord said in an email he was pretty sure I'd be getting my entire security deposit back. The last correspondence I received from landlord was on June 6th asking me if I was ready for him to do his walk thru. I said yes "after the 6th" and someone has since moved in to my old apartment. I have emailed him and cc'd his partner 2x asking the status of my deposit. They did not respond. I tried calling my landlord today bc I got fed up...he did not answer. Which is probably good because I know I need everything in writing anyways. I tried just emailing his partner today (as he owns 50% of the duplex I was living in). So far I haven't received a response.
So next step demand letter just asking for the $720 and then after 10 days if still no response file with the Justice of the Peace for 3x the amount due, plus $100, plus court/attorney fees? I'm lucky because my brother in law who lives 45 mins away is a lawyer (but not a court room lawyer) and has experience with landlord tenant law so I can get him to draw up the official docs and sign them etc. But I also read that maybe the landlord has 45 days to file suit against me?? For what I'm unclear. 45 days would be this Thursday, I believe, so maybe I wait to make any moves til after Thursday?
Anyways he acted in Bad Faith, right? So is there any way I could lose??
To be clear, I have not received any notice of any kind from them at all, no itemized list of deductions, no partial refund, and they have not tried to contact me since the day before I moved out.
I got a security deposit back from a group who was infamous for never returning one. Loophole for them was that we had to notify them in writing 30 days before moving. Most people had not bothered reading their contract.
I don't know where you are reading that 45 day thing from for LL to file suit. Only thing I can think of is if YOU sue and then the 45 days would be for a counter suit perhaps?
I would just go ahead and send your demand lettercertified mail/return receipt and not worry about that 45 day thing. If they don't respond just sue them in court because based on what you have said, they are over the 30 days required by law to return the full deposit or an itemization of deductions.
Send certified so LL can't claim they never got it and it is also proof for you that they do in fact receive it. Emails, texts, etc aren't going to give you much proof and LL can claim ignorance.
Last edited by Corn-fused; 07-20-2015 at 09:08 PM..
You just have to wait 30 days. You just have to give them notice "in writing." If you have communicated with your LL in the past with email, email should suffice. It's written and it's notice.
Don't want to Rain on your parade BUT, you Gotta go by what lease says. If lease says, Landlord will return deposit within "x" days, then that's when they have to return it.
If it said 90 days or 120 days, that would be considered unreasonable. But 45 days is not.
Wrong. State law requires the deposit to be returned within 30 days. The lease can not have a clause that goes against state law.
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