Full question:
I moved out of my apartment legally. I lived there a little over five years. A new company took over about two months ago. After moving all of my things out, I began the cleanup of the apartment. I got a letter from the apartment manager dated October 1, 2007, this day was on a monday, received the letter Oct 2, the day I turned the keys in,charging me $50 for keys, mtm $5, rent $19. Under---DAMAGES AND FEES, utilities $50, carpet damages $300. Carpet damages was due to spilled wax that could not be removed in the smaller bedroom, this is understandable. But my gripe is, after a little over five years, depreciation should be considered. And time did not permit me to clean the carpet, understandable. My gripe is to replace the carpet in the room,clean the carpet and charge me only for this plus depreciation. She said that the utility charge is in the contract for the $50 charge for move out. They wrote on this paper that I moved out to be close to work and school. Neither is true. I did not say that. Plus they had I made a $50 deposit, when Instead $99 dollors I paid. Plus some other charges amounting to $48. Does it seem as if I have any legal status in this matter.
- Category: Landlord Tenant
- Date:
- State: Texas
Answer:
The relevant Texas laws include:
Landlord's Breach of Lease: If a landlord fails to comply with the lease, they may be liable for damages (Tex. Prop. Code § 91.004).
Obligation to Refund: Landlords must refund security deposits within thirty days after the tenant surrenders the premises. If they do not provide an itemized list of deductions, they may lose the right to withhold any portion of the deposit (Tex. Prop. Code § 92.103).
Liability of Landlord: If a landlord retains a security deposit in bad faith, they may be liable for damages and attorney's fees (Tex. Prop. Code § 92.109).
In your case, you may have legal grounds to dispute the charges. The landlord must provide a written description and itemized list of any deductions from your deposit. If they fail to do so, they may be acting in bad faith. Additionally, you can argue that the carpet damage should consider depreciation due to your long-term tenancy. If you believe the utility charge is unjustified and not clearly stated in your lease, you may also contest that. You should review your lease agreement and consider seeking legal advice for further action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.