QUESTION
The landlord of the apartment I lived in for 1.3 years has emailed me (70 days after move out) stating that I have a balance of $545 due for damages
Asked on Jun 05th, 2015 on Landlord and Tenant Law - Texas
More details to this question:
In the state of Texas, landlords have 30 days to refund the deposit or send an itemized listing. The property company claims that they mailed an itemized listing to my new address, but I never received it. My only notice has been the email received today, 70 days after I moved out. Additionally, I had a $750 pet deposit, of which $250 was refundable. So that deposit matched with what I owe is stating that I have incurred almost $1300 worth of damages I know part of it may be due to the carpet. I had stains from normal wear and tear and my dog, which they may have deemed above normal, however I have never been charged by an apartment company in my life, especially for what seems like an excessive amount. Basically, my question is if my landlord cannot prove that they mailed me an itemized listing of damages within 30 days of me moving out, am I still liable to pay for their claimed damages?
1 ANSWER
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It depends on a few other factors, such as whether any rent was disputed. Also, typcially landlords would send the accounting letter by certified mail, return receipt requested, especially if it was a professional landlord. If you did not go to the post office to pick it up, then the court would not look favorably on that. There are weird rules and case law regarding the accounting letters, which help interpret the statutes. Although the statutes seem rather straight forward, they are often interpreted differently than the plain reading.
Answered on Jun 05th, 2015 at 5:37 PM