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Landlord not only not returning deposit but demanding more money over 30 days after moving

Houston, TX |

We moved out of our house after giving a written 30 day notice & on May 24 provided a forwarding address as well as returning our keys. We waited thirty days & never heard from landlord, after attempting 3 times to contact her she finally said she has sent us a letter, which we received on June 30. It stated that she had to make repairs beyond our deposit & is now saying we owe her extra money for things that are normal wear&tear repair costs such as painting which we asked to do numerous times but she always claimed it wasnt her responsibility! According to TX Prop Code Sec 92.109 shouldnt we be able to retrieve our deposit as she has waited longer than 30days & is now considered to be in bad faith? Very frustrated & it doesnt help being 8 mo. pregnant trying to deal w/ this! Please help!

Attorney Answers 1


These are very fact specific cases as "normal wear and tear" is going to depend on exactly what she is claiming needs repair, and the specific cause of the condition. A landlord cannot claim normal wear and tear as "damage" but a tenant cannot claim damage as normal wear and tear.

Under the Texas Property Code she may be presumed to be in bad faith, but she can rebut that presumption with evidence that she did not act in bad faith. Again, the specific facts of your case are important in determining whether she has violated the law and, if so, what your damages may be, if any.

You will need to consult with an attorney so that he/she can inquire as to all of the relevant facts of your situation.

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