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I have a question involving a matter with getting my deposit…

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I have a question involving a matter with getting my deposit money back from my apartment complex

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

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First, youre real right?

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Please just connect me

Submitted: 5 months ago.Category: Legal
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Answered in 5 minutes by:
12/22/2017
Lawyer: LegalKnowledge, Attorney replied 5 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,506
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 5 months ago

Good morning. Can you share with me what your question is?

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Customer reply replied 5 months ago
first youre real right?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Yes, I am a real person.

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Customer reply replied 5 months ago
okay i need help knowing if i have a case or not. im having a disagreement with my apartment about my deposit money
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Sure. What can you share with me about this?

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Customer reply replied 5 months ago
okay can i send you my documents that i have on me, like 3 or 4 documents and then tell you my story?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

It is easier if you share with me what your question is? This way, I can share with you what the law allows and provides for

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Customer reply replied 5 months ago
okay so my apartment gave me a move out reconciliation that was signed by managementfor a certain amount and it doesnt have my refundable pet deposit amount on it. If they would of added it, They would owe me a portion of my entire apartment deposit and pet deposit.
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Have you responded to them and asked about this?

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Customer reply replied 5 months ago
When i got the move out charges i went to them and asked them why my pet deposit was not listed on the move out sheet and they said that they had pooled my apartment deposit with my pet deposit.
Customer reply replied 5 months ago
i just attached the move out charges
Customer reply replied 5 months ago
I asked about this about a week before the amount was due. then I found my lease contract from last year and saw that I have a 450$ deposit that states it does not include a pet deposit
Customer reply replied 5 months ago
that can be found in the highlighted section of the file i sent you
Customer reply replied 5 months ago
In the contract it states that any pet deposit on the account would be on a separate pet addendum
Customer reply replied 5 months ago
I got a call asking if i was going to pay the bill yesterday before they send it to collections....I told them that i would need a copy of my pet addendum to show my pet deposit for my dog that i had and they told me id have to come get it when i paid the the bill so i went to go talk to them in person about it after i got off work
Lawyer: LegalKnowledge, Attorney replied 5 months ago

You do not have to sign and agree to anything that does not reflect what you believe you are owed. Within thirty days of moving out and providing written notice of your forwarding address, the landlord is required to return your security deposit. If you do not receive your security deposit in full, the landlord is required to provide you with an itemized list of deductions the landlord took from the deposit. If the landlord has failed to either provide you with the security deposit or an itemized list of deductions within thirty days from moving out, the law may allow you to collect $100, three times the amount of the security deposit wrongly withheld, court costs, and attorney's fees. If the landlord improperly made deductions from the deposit you also have the opportunity to obtain the same damages and penalties. Section 92.109, Property Code. With that said, you can dispute this and show them what was paid and what you are owed and what needs to be returned and advise if this is not resolved, you may be forced to sue.

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Customer reply replied 5 months ago
when i went into discuss the pet addendum, they told me there was not one on file. I then questioned if there was not one on file, why was i being charged pet rent for the last 16 months. They told me I wasnt being charged pet rent and i have statements to prove otherwise
Customer reply replied 5 months ago
The manager then told me "IF you want to play this game lets play." we didnt charge you everything we could of so be expected to have a huge bill"
Lawyer: LegalKnowledge, Attorney replied 5 months ago

If you have statements, those need to be presented. If you were charged and should not have been, you would be entitled to any extra rent paid.

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Customer reply replied 5 months ago
I paid a 400$ pet deposit in cash. and i absolutely had a dog
Lawyer: LegalKnowledge, Attorney replied 5 months ago

If you have evidence of this and it is refundable, it needs to be refunded assuming there is no basis for them to impose a claim on it for damage.

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Customer reply replied 5 months ago
they dont have my pet addendum. so they have no proof i had an animal. but heres the kicker, My girlfriend lived with me and she had a serivce animal they could not charge me fore after my dog had passed away.
Customer reply replied 5 months ago
is it legal for them to say "here is how much you owe and then tell me "you actually owe this much more" after i bring up the fact to them they didnt include my pet deposit?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

They can not retaliate. However, they can charge you for what is legally owed and if they can show and support this, they can recover it.

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Customer reply replied 5 months ago
they can go back and make corrections?
Customer reply replied 5 months ago
That wouldn't be considered "bad faith"?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Bad faith would be if they are retaliating against you for exercising your legal rights. If this can be shown you can dispute this and recover. It is one thing to miss something and see it and another to just go after you and upcharge because of a dispute.

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Customer reply replied 5 months ago
how can i prove they are trying to upcharge me because of a dispute?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

If you have something already and they send another bill with more things and you argue that it is a result of you exercising your right to the deposit, the Judge may see this.

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Customer reply replied 5 months ago
who can i call locally to represent me in my case and do i have a argument here?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

A civil litigation attorney. I think you have an argument if they took a deposit and have no basis to keep it. If you have evidence that it was paid and there is no basis for a claim, it needs to be returned. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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