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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: 23 days ago.Category: Real Estate Law
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Answered in 4 minutes by:
3/27/2018
Real Estate Lawyer: Nisha Jones,
 replied 23 days ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 2,597
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!

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Real Estate Lawyer: Nisha Jones,
 replied 23 days ago

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

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Real Estate Lawyer: Nisha Jones,
 replied 23 days 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!

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Nisha Jones
Category: Real Estate Law
Satisfied Customers: 2,597
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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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