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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55708
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have a tenant that moved out of my apartment. Although she

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I have a tenant that moved out of my apartment. Although she removed all her belongings, she did not clean the apartment. There is grease all over the kitchen walls behind the stove. There is dirt, gum, and grease all over the kitchen floor. The new refrigerator, both drawers and one side panel is busted. One of the kitchen cabinet drawers is busted. The kitchen counter tops and sink is filty. There is two interior doors busted and have to be replaced, and replacement doors have to be cut to size. The carpet is four years old, and at least four rooms have some kind of purple stains. One of the bedrooms have two walls with holes. Kitchen light cover broken. This tenant put of $900.00 and believes she is due back most of her money. Should I take her to court for damages beyond the $900.00?

Good evening. First, you can retain the security deposit to cover the damages and cleaning. You just want to make sure that within 30 days from the date the tenant vacates the property, you deliver an itemized statement of damages containing estimated or actual costs, including receipts (for estimated costs, the landlord must send a receipt within 30 days of the date of the letter) to the tenant. Second, you can sue the tenant for the excess damages. Once you get awarded a judgment in your favor, you can then have the sheriff serve a summons on her for a debtor examination. That forces her to meet you in court and answer questions under oath about her assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the debt.

 

 

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