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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We rented a park model from Casa Del Valle. We paid every

Customer Question

We rented a park model from Casa Del Valle. We paid every Friday. We moved into the park around the Dec.4, 2015. On Dec. 7, we were formed that we had to vacate the park model by Dec. 28 as the trailer was reserved for another tenant. On Dec. 23 we vacated the trailed. When I turned the keys in I was informed by Karen ( Casa del Valle ) employee that since we had paid up for the week we would get a refund of $ 109.00. She said it would take about 3 to 4 weeks and it would be in the form of a check. I said since we paid you in cash we should get refunded in cash. Karen said "no" it does not work that way. It (refund) comes from corporate office. I called on Jan. 15, 2016 and was told by Karen and Joseph ( Manager ) we were not getting a refund. I contacted an attorney.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am sorry to learn of this situation.

While they are correct in that they do not have to refund the money in the form of cash (a check from the landlord is sufficient tender), unless they can provide you with a viable withholding basis for the refund (i.e. damage to the unit), you have a claim for breach of contract against them.

Here is an excellent website to assist you: http://texastenant.org/security_deposit.html

And here is a sample demand letter you can use: http://texastenant.org/pdf_files/1037_Demand_Letter_SecDep.pdf

If you decide to sue them in small claims, you can utilize this information (you do not need a lawyer in small claims court): https://www.texasbar.com/AM/Template.cfm?Section=Consumer_and_Tenant_Rights1&Template=/CM/ContentDisplay.cfm&ContentID=24859

You can also report the business to the Texas Attorney General for fraudulent and unfair business practices: https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint (the AG's office does not recover your money for you, but they do investigate consumer complaints and take administrative and criminal enforcement action against bad businesses).

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