I gave my 30 days notice in writing, included my forward address as well. It has been over 30 days and I have not received my ($2,750) deposit, nor any itemized deduction list. If I understand the property codes correct, he is now required to give it all to me. The property manager sent me an email a week ago, attached a "bid" from a construction company and said it was coming out of my deposit. The were for things like, reprinting the walls, cleaning a fireplace, pulling out plants, Etc. That bid does not constitute a itemized deduction of my deposit. I should also not the house is up for sale.
You are correct. In all probability, you owe the landlord nothing, you are entitled to three times the amount of your deposit back, plus $100, plus attorney's fees. You should contact an attorney who is board certified n consumer law to represent you. Under the facts as you have related them, an attorney who is knowledgeable in this area will represent you on a contingent fee basis. Many attorneys who are board certified in consumer law (there are not many of us) represent consumers throughout the State of Texas.
What follows is a brief synopsis of the law in this area.
A landlord is required to return a security deposit within 30 days of the date on which the tenant surrenders the premises. If the landlord retains a security deposit in bad faith is liable to the tenant for $100, three times the deposit wrongfully withheld and attorney’s fees.
A landlord who fails to provide a written description and itemized list of damages and charges forfeits the right to withhold any portion of the security deposit and is liable to the tenant for attorney’s fees incurred in a suit to recover the deposit.
If the landlord does not return the security deposit or provide the written description and itemized list of damages and charges within thirty days is presumed to be in bad faith. The landlord has the burden of proving that the retention of the security deposit was reasonable.
You need to have the lease, the bid, and any other relevant documents reviewed by an attorney and discuss your options. Worth the free consultation to do so!
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