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Updated almost 5 years ago on . Most recent reply

User Stats

459
Posts
83
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Jeffrey McKee
  • Real Estate Agent
  • Plano, TX
83
Votes |
459
Posts

Tenant filing suit for security deposit from a year ago :/

Jeffrey McKee
  • Real Estate Agent
  • Plano, TX
Posted

Hi All, I have a tenant who has come back to me requesting her 400 dollars of the 1200 dollar security deposit. She was 1/4 roomates and did pay 400 of the 1200 deposite. They all vacated the property early due to covid and I allowed it, but did not charge them to break the lease.   I was able to fill the vacancy without any vacancy loss. 

I am learning the hard way that I needed to provide an itemized statement of what I was to keep from the deposit and that it needed to be done within 30 days of vacating. I am well past the thirty days and she is threatening to file suit. I plan to just give her back her 400 dollars to stop her from filing. What document can I have her sign to ensure she does not ever try to sue me again. 

I had the property professionally cleaned for 414 dollars and have an invoice and told her she was only due back a percentage of the deposit.  She suggests that was not the case and is due back the full amount she contributed because I failed to give her an itemized statement. The law seems to be on her side. 

P.S. The tenant is now in law school and feeling very empowered :) 

  • Jeffrey McKee
  • Most Popular Reply

    User Stats

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    Cameron Tope
    • Property Manager
    • Katy, TX
    1,403
    Votes |
    1,830
    Posts
    Cameron Tope
    • Property Manager
    • Katy, TX
    Replied

    Hey Jeffrey,

    If you have an invoice for the $414 then you have your itemized charges. 

    I wouldn't be intimidated by her tactics, especially if you're just charging them fairly - which it sounds like you are. 

    This won't be the first time a tenant will throw the attorney card. When a tenant tells us they would like to get attorney's involved, we always tell them "then we have to stop this conversation and pass you along to our attorney". That usually stops their bluff. 

    To reiterate, don't be intimidated by tenants if you have the evidence of damage and are charging them fairly. It's just part of being a landlord. 

    Best of luck!

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    Emerson Property Management
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