Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I recently moved out of an apartment complex in Texas. My…

Customer Question
I recently moved out...

I recently moved out of an apartment complex in Texas. My landlord did not furnish a line item deduction of my deposit or return my deposit by thirty day. After talking with the apartment complex. They are applying the deposit as a deduction 40 days after surrender. I see that according to Texas law they are acting in bad faith and I should be entitled to three times the rent, 100 dollars, and burden of proof of any deductions. I am not for sure if my case applies since they are applying the deposit beyond the thirty days and I don't want to attempt if I do not have a chance.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Lease term is 2/20/17 - 2/15/18, no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am currently being charged for replacing carpet of about $913 for "stains" but I did not have pictures. All of my rent was paid on time and all that I owe is for left over water bill, pest, trash fee and the carpet charge.

Submitted: 2 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
3/27/2018
Real Estate Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 3,185
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Nisha Jones,
 replied 2 months ago

Since your landlord did not return your security deposit within 30 days, yes you can potentially file a lawsuit in small claims court.

However, you are receiving return of the security deposit shortly thereafter so this would drastically limit the amount you were able to receive, and in the end you may decide it's not worth the time, money, or effort of filing a small claims suit.

On the other hand, it appears that your landlord may be attempting to pursue you for a significant amount of damages to the apartment.

You only resided there for one year, do you feel that the alleged damages are accurate? Or do you believe the landlord has reached some false conclusions in regards ***** ***** charges?

The problem here though is that you did not take photos of the apartment at the time of your move out date. This means that you would not have any physical evidence to present in court, and it would come down to a matter of your word against your landlord's, or any pictures that he may have in his possession.

Of course, ultimately the decisions is yours, but you may find that you are lacking sufficient evidence to rebut his accusations.

I'm sorry to not have better news for you, but I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 3,185
3,185 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My husband and I signed a lease on Tuesday. Security deposit
Hi, my husband and I signed a lease on Tuesday. Security deposit was not yet paid. Start date for the lease is 07/15 … read more
Nisha Jones
Nisha Jones
3,185 satisfied customers
I rented a home in Wisconsin. My security deposit was used
I rented a home in Wisconsin. My security deposit was used for rent 2 years ago (mutual arrangement) since then I have replaced appliances and made repairs in lieu of paying the security deposit again… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
My former landlord did not return the security deposit to me
My former landlord did not return the security deposit to me in the time allotted. It was paid for by a grant(ESG) by the city of Phoenix. Everyone, including the city told the landlord it was to go t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
I'm trying to recoup my security deposit after filing
I'm trying to recoup my security deposit after filing bankruptcy. The landlord hasn't returned it to me. … read more
KLAW
KLAW
Juris Doctorate
2,193 satisfied customers
My former landlady has with held my security deposit for
My former landlady has with held my security deposit for going on 60 days now and is claiming to only return half of the deposit due to perceived damages to the unit. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
My daughters landlord used her security deposit to change
Hi My daughters landlord used her security deposit to change the locks after she moved out even though she left the keys. She was not evicted and left on specified date on amended lease agreement. Lan… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My tenant paid her final rent, but kept my security deposit
my tenant paid her final rent, but kept my security deposit without ever letting me into my house. is this illegal or just wrong? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
My daughter lives in an apartment that had water damage due
My daughter lives in an apartment that had water damage due to improper maintenance two months ago. They left the water stand for a week, her furniture and personal property is for the most part lost.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I have a question regarding the security deposit. Can you
Hi, I have a question regarding the security deposit. Can you please help? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Landlord/Tenant Security deposit not given back. North
Landlord/Tenant Security deposit not given back. North Carolina. Already filed and summons given. Thi king about hiring a lawyer to represent me. He does sell real estate and can also file with the co… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
My Father passed away last month he had a security deposit
hi my Father passed away last month he had a security deposit of $2000 I have power of attorney and death certificate the check is able to be made to his name the land lord is stating that he can not … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
My landlord has not returned my security deposit and refuses
My landlord has not returned my security deposit and refuses to respond. According to CA law she had 21 days and I have not anything from her. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
Our lease states The Security Deposit will increase by 2%
Our lease states The Security Deposit will increase by 2% per year. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I am a tenant. Regarding my $1,000 security deposit from 14
I am a tenant. Regarding my $1,000 security deposit from 14 years ago. I understand the landlord has 21 calendar days to return my deposit. I also understand the landlord cannot deduct for items until… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
The maintenance manager of my apartment complex enters my
The maintenance manager of my apartment complex enters my apartment when I am not home, and the reason I know about it is because he makes it obvious by moving things around, my sofa, the rugs, things… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,349 satisfied customers
I have a question regarding a security deposit on a FL
Hello! I have a question regarding a security deposit on a FL vacation rental. Can you help with that? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
I had given a security deposit on an apartment in NYC, and I
I had given a security deposit on an apartment in NYC, and I then decided not to take possession of the apartment for various reasons. I was advised that since the realtors did not execute a NY state … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I recently provided a security deposit for an apartment
I recently provided a security deposit for an apartment prior to signing a lease or receiving keys. This was to move my apartment up on the list of apartments requiring the carpet cleaned. This was 3 weeks in advance of me moving into the apartment on the 1st. I kept calling and requesting confirmation on the date and signing of the lease. They told me twice that the carpet cleaning got moved back. Once the 1st came and they told me I still could not move in and had not signed a lease, I told them I no longer wanted to move into the apartment. They still have my deposit, will not return my calls and I am receiving email alerts that my rent is past due on an apartment I never moved into and do not have a lease on. I'm not sure what my next steps should be. thank you … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,349 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x