My question involves a security deposit in the State of: TEXAS
RA= Rental Agency
Lease term - Month to Month (at this point)
Signed standard TAA lease agreement
Years in House- 3
Notice given in Dec. 2009 that we will be moving in June 2010 due to husbands job.
Dec. 31, 2009- Was contacted by RA that the owners request we move out end of Jan. 2010 so they can sell the house. We asked why could we not stay. Said, they want to fix up house to sell it.
Jan. 30th- Moved out. Contacted RA that we could not find the correct size of replacement blinds for some of the rooms. Agreed that part of deposit would take care of that. (Found out later that windows and blinds where custom made and not standard)
Feb. 4th -Owners refused to let cleaning agency finish cleaning house. (We had contacted Rental Agency to make sure it was ok that cleaning crew was coming in after we had moved out.) Also, contacted RA at this point to set up walk through, never heard back.
Feb 5th- Apparently walk through was done with Owner and RA.
Feb.-8th Owners start remodeling on house.
Feb-11th Was told that RA needed to send rep over with our move in walk through papers to assess any damages.
Then through out February get random calls from RA asking questions about ? damages [knife mark on kitchen counter, why did we cut down a dead tree (in our lease agreement we were to care for yard and trees), why is there stains on the wall (fingermarks), stating some rooms and guest house was left dirty, why is there chipped paint, why is the lament from the cabinet coming off]. So we answered all questions. Owners were contacting the RA with new things almost everyday, after the supposed walk through.
Feb. 28th - Call RA ask when are we doing walk through. They state that no one really does walk throughs with tenets anymore. Bring up that in lease it states we are to do a walk through with RA.
March 5th- RA states they are still waiting on final damage report from owners.
So here is my questions.
1. Why is the owner doing the move out walk through when they didn't do the move in walk through? Is that not the reason they hired the rental agency? And how are they going to do a walk through when crews have been in and out over the month?
2. Now it has been over 30 days and we have failed to receive in writing, anything postmarked 30 days, our deposit or any deduction itemization. What do I have a right to request or sue them for? I heard that because it was over the 30 days that even if they do say we owe anything that it is now voided and can get my full deposit back. Is that correct?