Real Estate Agent · Plano, TX · Member since 2013 · 479 posts · 91 votes
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 :)
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.
Wow everyone, this is great stuff! My lease states: Texas property code does not obligate a landlord to return or account for the security deposit until the tenant vacated the property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 60 day in which to account.
She never gave a forwarding address until I asked for it yesterday.
My lease does not state whether a deposit is to be returned jointly or separately. I plan to just send the one laura lawyer tenant back her claim of the deposit. The others will need to provide me with a forwarding address if they want their claim.
She had the master bedroom which is why she paid more for the deposit.
Wow everyone, this is great stuff! My lease states: Texas property code does not obligate a landlord to return or account for the security deposit until the tenant vacated the property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 60 day in which to account.
She never gave a forwarding address until I asked for it yesterday.
My lease does not state whether a deposit is to be returned jointly or separately. I plan to just send the one laura lawyer tenant back her claim of the deposit. The others will need to provide me with a forwarding address if they want their claim.
She had the master bedroom which is why she paid more for the deposit.
Thanks!
I would strongly caution against sending back part of the deposit. You have been given a golden parachute. Most landlords only have one opportunity to handle the return of the security deposit properly. You have been given a second chance, so handle it properly this time. Send an appropriate accounting of the deposit, including adjustments, and send a check for the remaining balance to all tenants on one check. It is their responsibility to divide it.
I say this, because if you send one check for $400, the others could argue that you never sent them an accounting of the deposit. If you sent an accounting to the tenant you're dealing with now, did you truthfully state there was a remaining balance? How can you justify, to a judge, why you kept that balance past your 60 day timeline? If you don't handle it properly, the others might sue for the TOTAL deposit back, and now youre out $400 more than necessary.
However, if there any fees you are owed, and you can justify them I suggest adding them to the accounting of the deposit. The large lapse in time may make it hard to defend your claims, so take extra care.
@Jeffrey McKee Check Tex. Prop. Code 92.103 again. You only have THIRTY (30) DAYS to return the security deposit and give an accounting.
@Greg H. Not saying it will change the property code this session, but look for it on the horizon. And no one said sending blindly to an email. Really, not much different than send a live check to a mailing address. The email/mailing address has to be one given to you by them. Two years ago lawyers were approved to have citation served by social media, so my proposal is not far fetched as you might believe.