Eviction & Security Deposit

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Adam Martin
Rental Property Investor 路 Member since 2020 路 1k+ posts 路 1k+ votes
3y

I like to err on the side of caution.  A judge kicked them out due to past due debts but I'd still send the itemized list including the judgement plus whatever else they owe.  If this was unnecessary you lost postage, if you missed this step how frustrating would it be to have to give a deposit back to a tenant that owes money based on a technicality if they took you to court.  

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  • Henry T.
    Member since 2022 路 1k+ posts 路 1k+ votes
    3y

    You do in the west coast states. I don't know about Texas. Make a full list of all the damages, include the costs for eviction and attorneys as well. Send it to the last "known" address.

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 路 15k+ posts 路 11k+ votes
    3y

    You should. Knowing that you evicted them for non-payment, they shouldn't be expecting any money back as it can be used for unpaid rent.

    0Reply
  • Bob S.
    Real Estate Consultant 路 Cleveland 路 Member since 2020 路 6k+ posts 路 3k+ votes
    3y
    Quote from @Brianna H.:
    We just evicted our tenants for non-payment. Do we have to send them an itemized list of charges to keep their security deposit? 

     heck no , they defaulted 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
    3y

    You should have received a Judgment stating what the tenant owes you. Apply the deposit to that judgment, then send Tenant a bill for the remainder. You shouldn't have to send an itemized statement because the judge already told the Tenant what they owed.

    Here's some information on Texas law: https://www.nolo.com/legal-enc...

    Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.
    The DIY Landlord Book4.7248 Reviews
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    1Reply
  • Adam Martin
    Rental Property Investor 路 Member since 2020 路 1k+ posts 路 1k+ votes
    3y

    I like to err on the side of caution.  A judge kicked them out due to past due debts but I'd still send the itemized list including the judgement plus whatever else they owe.  If this was unnecessary you lost postage, if you missed this step how frustrating would it be to have to give a deposit back to a tenant that owes money based on a technicality if they took you to court.  

    2Reply
  • Brianna H.
    OP
    Investor 路 Katy, TX 路 Member since 2015 路 112 posts 路 24 votes
    3y
    Quote from @Adam Martin:

    I like to err on the side of caution.  A judge kicked them out due to past due debts but I'd still send the itemized list including the judgement plus whatever else they owe.  If this was unnecessary you lost postage, if you missed this step how frustrating would it be to have to give a deposit back to a tenant that owes money based on a technicality if they took you to court.  


     This is my concern. She has just barely made every deadline to extend the eviction....I feel like she does this for a living. 馃檮

    0Reply
  • Greg H.Pro Member
    Moderator
    Broker/Flipper 路 Austin, TX 路 Member since 2013 路 4k+ posts 路 4k+ votes
    3y

    Texas law requires a Landlord to refund and/or account for the deposit with 30 days of the tenant surrendering the property AND providing a forwarding address.  The clock does not begin until a forwarding address is given.  I have never had a tenant that was evicted provide a forwarding address for obvious reasons.  I would not worry about it until that happens

    2Reply
  • Steve Vaughan
    Rental Property Investor 路 East Wenatchee, WA 路 Member since 2014 路 10k+ posts 路 16k+ votes
    3y

    An itemized list can be cumbersome.

    I'd at least send notice to their last known address of your intent to withhold.  Here it must be sent within 14 or 21 days.  

    When you get it back, keep it unopened in their file forever.  It will cover an important technicality. 

    0Reply
  • Brianna H.
    OP
    Investor 路 Katy, TX 路 Member since 2015 路 112 posts 路 24 votes
    3y
    Quote from @Nathan Gesner:

    You should have received a Judgment stating what the tenant owes you. Apply the deposit to that judgment, then send Tenant a bill for the remainder. You shouldn't have to send an itemized statement because the judge already told the Tenant what they owed.

    Here's some information on Texas law: https://www.nolo.com/legal-enc...

    Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

    Thank you for the advice!

    My tenants appealed the JP court ruling, so we have a county court date set up next month. In the meantime, I received possession of my house through a writ of possession. I was not planning on attending the county court date. Do you think this changes things? I don't know if my judgement from JP court still stands?
    0Reply
  • Greg H.Pro Member
    Moderator
    Broker/Flipper 路 Austin, TX 路 Member since 2013 路 4k+ posts 路 4k+ votes
    3y
    Quote from @Brianna H.:
    Quote from @Nathan Gesner:

    You should have received a Judgment stating what the tenant owes you. Apply the deposit to that judgment, then send Tenant a bill for the remainder. You shouldn't have to send an itemized statement because the judge already told the Tenant what they owed.

    Here's some information on Texas law: https://www.nolo.com/legal-enc...

    Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

    Thank you for the advice!

    My tenants appealed the JP court ruling, so we have a county court date set up next month. In the meantime, I received possession of my house through a writ of possession. I was not planning on attending the county court date. Do you think this changes things? I don't know if my judgement from JP court still stands?

     So I assume they appealed with a Pauper's affidavit and then failed to deposit one month's rent to the court?  Very common.  The appeal was then dismissed and you then were awarded a Writ.  Yes your judgement stands.  Focus on getting rented as the chances you collect a judgement in Texas from a former tenant in Texas are almost zero.  We cannot garnish wages and the list of exemption property/belongings are extensive.  Additionally, as I stated previously, you are not required to account for the deposit until the former tenant gives you a forwarding address per Texas law.  You can take your judgement to the county clerk and have it recorded for $5

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