My roommate and I put in a total of $1050 for our security deposit. We were only give back $400. They charged $300 for painting, but we never made any damages to the wall. If we did, I doubt it's worth $300. They also charged a portion for the mailbox, which I have no clue why, as well as for maid service. We actually hired professional cleaners to clean the apt. so there shouldn't even be a charge for maid service. Do the landlords have a right to give us all these ridiculous charges? How should be take action? Are there any Texas guidelines or laws that can help us in this situation? I know normally landlords are required to repaint the apartment anyway, before new tenants move in.
2007-08-31 22:44:40 · 6 answers · asked by tee 1 in Business & Finance ➔ Renting & Real Estate
I would definitely go see if there's a state agency that can help you or go talk to an attorney.
As a landlord, I think this is fishy based on what you wrote.
repainting an apartment simply to make it look nice for new tenants is not decutctible from your deposit.
It has to be beyond normal wear and tear.
2007-09-01 01:47:46 · answer #1 · answered by AJ 7 · 0⤊ 0⤋
Did you complete a Move-In Condition form when you occupied the apartment? Did you take photos of the issues you found upon your occupancy? Did you ask for or have a Move-Out walk-through with the landlord or their representative? All of these are completely necessary because you simply can not trust people to do the right thing these days.
Read your lease (if it's a TAA or TAR lease), it will help guide you on this matter. Also review the Texas Property Code (I believe it's chapter 92 and can be found by googleing "Texas Property Code") regarding Landlord / Tenant rights / obligations.
But remember, the landlord, by law, has 30 days after lease expiration or termination to send you an itemized list of the deductions from your security deposit, but only if you provide him/her a forwarding address. The law is very specific in that landlords can not deduct for "normal wear and tear" as defined in the Property Code.
Depending on where you're located, there may also be a Landlord / Tenant Council which is a free service that gives guidance to tenants in these type situations.
2007-09-01 03:47:24 · answer #2 · answered by liveinaustin 3 · 0⤊ 0⤋
Unless you have a lease that says otherwise, the landlord is only allowed to charge you for damages. Ordinary wear and tear, such as repainting, does not constitute damages.
Many landlords figure that the security deposit isn't really a deposit, it's just more rent. I'm surprised that you got $400 back.
You have three choices: grin and bear it, take legal action against him, or take illegal action against him.
I have to recommend against egging his car, or hiring a guy with a broken nose to kneecap your former landlord. While it sounds highly gratifying, it's going to be pretty obvious that it's you, and getting free rent at the gray bar motel is actually quite expensive.
But you can sue him in small claims court. You present the bill from the professional cleaners. He tries to explain why he had to clean up after that, and why he's charging you for painting. The judge (usually just a referee) listens to the landlord, remembers all the landlords that shafted him when he was renting apartments, and tells the landlord to give you the rest of your money back.
In a way, small claims court is highly gratifying, too. You get to hear people trying to invent plausible lies on the spur of the moment, you see the big grin on the referee's face when he recognizes the big lie, and you get to see the landlord turn beet red and display apoplexy when the referee calls him a liar, a cheat, and a poor excuse for a human being.
Yep. I *love* small claims court.
2007-08-31 23:21:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You should not have been charged to repaint unless you your selves painted unusual colors that had to be covered. Standard wear and tear always requires new paint for a new tenant.
At this point before trying to sue I would try and talk to someone else in the office and show a copy of the cleaning bill you paid. Try to see if they will make any adjustments on your behalf and if not then you have the option of legal action or just dealing with it.
For future reference always, always have a move out inspection done with the Landlord or their Representative. Have them inspect the property with you present and evaluate the charges at that time. Take pictures and document the move out condition that way you won't be faced with this situation again.
Best of luck!
2007-09-01 02:37:27 · answer #4 · answered by Rosie 4 · 0⤊ 0⤋
He moved yet another relatives in till now your lease exchange into up. He dug his very own hollow now. He has to show it exchange into you who positioned the hollow interior the wall. except he has photos (probable not), you may sue him in small claims courtroom to get your $one hundred fifty.
2016-11-13 21:50:37 · answer #5 · answered by gracely 4 · 0⤊ 0⤋
You probably should report him. Take him to small claims court. Just dont expect much return on your time and money. Just dont be surprised if you dont get any return.
2007-09-01 02:31:51 · answer #6 · answered by Bob D 6 · 0⤊ 0⤋