Oh no you dont...

Discussion in 'Campfire' started by FrogTacos, Dec 13, 2010.

  1. FrogTacos

    FrogTacos Well-Known Member

    ...try to :censored: me over and think you are going to get away with it.

    Me vs Ex-Landlord.

    Me: surrendered the property effective 9 November (Rent paid in full through the end of November)

    Ex-Landlord: Listed property as "move-in ready" on 18 November (I'm pretty sure he doesn't know that I know this)

    Me: 9 December has come and gone, no sign of my deposit or any portion thereof. (I fully expect to have to pay for a cleaning, they always get ya on the cleaning)

    Me: 13 December (this morning) called Ex-Landlord inquiring about said deposit. Ex-Landlord goes off on me ranting and raving about having to clean the carpet (that is exactly what my $600 non-refundable pet deposit was for), get the house cleaned, and mow the yard which he claims was knee high. (Funny, it was ground level when we pulled out on the 8th - I guess Fort Worth has some super grass :head:) So he says it was in such bad condition, the actual property owner fired him over it and I would not be getting any deposit back. Wait a minute, he listed it as move in ready in 6 business days.

    Ahh but wait! Had my neighbor sneak over there when the sign was up in the yard. Mini blinds were open, she peeked in. Carpet had not been cleaned, walls had not been painted, she said it looked exactly like it did the day I left.

    So after the phone call this morning I started looking into the Texas Property Code. BINGO BUDDY.

    He had exactly 30 days from when I surrendered the property (9th) to send me a complete damage report and itemized list of what all the repairs cost OR forfeit the right to withhold any portion of the security deposit or hold me liable for any damages. Guess what, them 30 days have come and gone.

    According to that same code, he is now liable for $100 + 3 x original deposit of $1100 + legal fees.

    I know he was trying to bend me over, there is no way we left $1100 in damages. I just wanted what was left over. Now I want the full $1100. Gave him until Friday to have it to me or I will be pursuing legal action against him - and go for the full $3400 + legal.

    I don't want to be "That Lawsuit Person" but I don't want to get :censored: either.
     
  2. Carr.45

    Carr.45 Well-Known Member


  3. ozarkthunder

    ozarkthunder Well-Known Member

    when i bought my first house,told my landlord at my apartment on the 1st (when the rent was due) i would be moving that month. He said i would not get my deposit back or would he pro-rate the rent. I decided i would keep possesion to the 31st. Moved on the 10th,did not call him. Went back next day to use phone and shower because did not have them up and running at new place yet. I was single at the time and when i went to the bedroom,there was a stack of women undies. the shower curtian was changed and the mirror was steamed up! Called landlord mad as:censored:.He refunded my deposit and pro-rated the rent. Oh yeah,did i say he was a lawyer:censored:
     
  4. mwmwbm

    mwmwbm Well-Known Member



    Dont get screwed by him get your money back.

    But, I am curious, Why do you think you are entitled to more than you are owed:head:
     
  5. FrogTacos

    FrogTacos Well-Known Member

    According to that same code, he is now liable for $100 + 3 x original deposit of $1100 + legal fees.

    That is just what is in the code. It says $100, 3 times the un-refunded amount, plus legal fees.
     
  6. Big E

    Big E Well-Known Member

    because the law says she is. im sure this law is written this way to keep this exact thing from happening!
     
  7. FrogTacos

    FrogTacos Well-Known Member

    ...and I dont think I am entitled to anything more than my actual deposit minus whatever damages I am actually responsible for. My main issue is the guy is trying to scam me out of it. He wants to play that game with me, now I want my entire deposit back because the law says I can. If he proves further unwilling, I guess I will take my hind end back to Texas and sue him for the entire amount the code says I am entitled to. At this point, its just principle.
     
  8. mwmwbm

    mwmwbm Well-Known Member

    :up:
     
  9. n2deer

    n2deer Well-Known Member

    Good luck, I have seen this happen alot and it is more trouble than its worth. Principal or not sometimes I have found it is better to just cut your losses but thats just my opinion.
     
  10. Meathunter

    Meathunter Well-Known Member

    i am with ya but if she does it the guy will think about it b4 he screws some other person over if i rented and had worked hard to keep the place up and take care of things i would want my money back .