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  1. #1
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor

    Quote Quoting Kalian
    View Post
    Do I cash the check for $850 and take him to court for the rest?
    If you cash the check it'll mean you have accepted a settlement and there won't be any court because settlements are enforceable.

    If you want to take him to court, send the check back and sue him.

    Quote Quoting Kalian
    View Post
    Do I even have a case?
    There's two possibilities:

    1 - Read the TX security deposit statute starting with 92.102 at:

    http://law.justia.com/codes/texas/20...-8/chapter-92/

    If he hasn't followed the statute TO THE LETTER then you could be entitled to the entire security deposit back.

    2 - He would only be entitled to the depreciated value of the carpet. If it really was 10 years old, he'd maybe be awarded only a couple of hundred towards it.

  2. #2
    Join Date
    Aug 2015
    Posts
    4

    Default Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor

    Quote Quoting adjusterjack
    View Post
    If you cash the check it'll mean you have accepted a settlement and there won't be any court because settlements are enforceable.

    If you want to take him to court, send the check back and sue him.



    There's two possibilities:

    1 - Read the TX security deposit statute starting with 92.102 at:

    http://law.justia.com/codes/texas/20...-8/chapter-92/

    If he hasn't followed the statute TO THE LETTER then you could be entitled to the entire security deposit back.

    2 - He would only be entitled to the depreciated value of the carpet. If it really was 10 years old, he'd maybe be awarded only a couple of hundred towards it.
    Hi,

    Thank you so much for posting that link. For some reason I always believed Texas laws favored Landlords. I spent the better part of an hour reading through the security deposit section.

    here is what I found relevant to my case. Do I just show this to the judge and say hey he violated these 2 laws?

    Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

    Sec. 92.109. LIABILITY OF LANDLORD.
    (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
    (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
    (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
    (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

    I really do not want to sue. I just want my security deposit back minus the steam cleaning. But apparently if I go to court and he loses, he'd be liable for much more.

    I've also done some research on carpet depreciation and apparently the IRS values its depreciation at 10%-20% a year; and that carpet was WAY beyond its useful life.

    I had a gut feeling that he was in the wrong. Had he given me a chance to remedy the situation, or at least smell the odor and see the problem myself I wouldn't have been so upset.

    I will send his check back along with a demand letter for my security deposit minus steam cleaning that will include a list of grievances even if I am legally entitled to the full amount.

    Hopefully he is reasonable. If not i'll file a claim in court.

    Thank you Jack, and everybody else for your help and input.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Excessive Charge for Carpet Replacement Over Alleged Pet Odor

    Quote Quoting Kalian
    View Post
    Hi,

    Thank you so much for posting that link. For some reason I always believed Texas laws favored Landlords. I spent the better part of an hour reading through the security deposit section.

    here is what I found relevant to my case. Do I just show this to the judge and say hey he violated these 2 laws?

    Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

    Sec. 92.109. LIABILITY OF LANDLORD.
    (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
    (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
    (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
    (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
    (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

    I really do not want to sue. I just want my security deposit back minus the steam cleaning. But apparently if I go to court and he loses, he'd be liable for much more.

    I've also done some research on carpet depreciation and apparently the IRS values its depreciation at 10%-20% a year; and that carpet was WAY beyond its useful life.

    I had a gut feeling that he was in the wrong. Had he given me a chance to remedy the situation, or at least smell the odor and see the problem myself I wouldn't have been so upset.

    I will send his check back along with a demand letter for my security deposit minus steam cleaning that will include a list of grievances even if I am legally entitled to the full amount.

    Hopefully he is reasonable. If not i'll file a claim in court.

    Thank you Jack, and everybody else for your help and input.
    DO NOT send the check back. Keep it as evidence for court.

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