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.