What can the landlord legally charge you for when your lease ends?
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.
10/04/2007 |
Category: Landlord Tenant |
State: Texas |
#9681
Answer:
The applicable Texas statutes are as follows:
§ 91.004 PROP. Landlord's Breach of Lease; Lien
(a) If the landlord of a tenant who is not in default under a lease
fails to comply in any respect with the lease agreement, the landlord is
liable to the tenant for damages resulting from the failure.
(b) To secure payment of the damages, the tenant has a lien on the
landlord's nonexempt property in the tenant's possession and on the rent
due to the landlord under the lease.
§ 92.103 PROP. Obligation to Refund
(a) Except as provided by Section 92.107, the landlord shall refund a
security deposit to the tenant on or before the 30th day after the date
the tenant surrenders the premises.
(b) A requirement that a tenant give advance notice of surrender as a
condition for refunding the security deposit is effective only if the
requirement is underlined or is printed in conspicuous bold print in the
lease.
(c) The tenant's claim to the security deposit takes priority over the
claim of any creditor of the landlord, including a trustee in
bankruptcy.
§ 92.109 PROP. Liability of Landlord
(a) A landlord who in bad faith retains a security deposit in violation
of this subchapter is liable for an amount equal to the sum of $100,
three times the portion of the deposit wrongfully withheld, and the
tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description
and itemized list of damages and charges in violation of this
subchapter:
(1) forfeits the right to withhold any portion of the security deposit
or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to
recover the deposit.
(c) In an action brought by a tenant under this subchapter, the
landlord has the burden of proving that the retention of any portion of
the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to
provide a written description and itemization of deductions on or before
the 30th day after the date the tenant surrenders possession is presumed
to have acted in bad faith.