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I have a tenant that moved out of my apartment. Although she…

I have a tenant that...
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?
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Answered in 4 minutes by:
9/1/2011
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,889
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

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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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have different intricacies in their laws and any information given is simply general information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,889
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
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Richard
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Category: Real Estate Law
Satisfied Customers: 56,889
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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