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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29557
Experience:  Attorney
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I am a landlord with a tenant threatening a lawsuit, the

Customer Question

I am a landlord with a tenant threatening a lawsuit
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: the property is in Texas he informed me that he is vacating the unit, wants his deposit back. he would like a move out check on May 20th
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: and then another final move out on May 31 at 11:30.. of which time I need to ask that we
JA: Anything else you want the lawyer to know before I connect you?
Customer: move the time of his final walk thru to the day prior
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Texas Property Code, Section 92.013 gives a landlord 30 days to return a tenant's deposit or provide an itemized list of reasons for keeping it after the tenant vacates. Your tenant has no right whatsoever to insist that you return the deposit before he's left, because his right to the deposit doesn't mature until he's moved out. He's welcome to go file a lawsuit, but he can't win as long as you account for the deposit and return any balance due by the 30th day.

You can do the walkthrough before he's left, but he's still liable for any damage you can't see because his belongings are still there, or any damage he causes on the way out.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

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