Belated happy 4th of July from Austin, Texas. Sorry for another boring security deposit question but hey I've got photos at least!
I need advice on the best way to go forward with the current situation I'm having with my former landlord. I had been renting a house for three years when I moved out and surrendered keys on May 31st. The lease states "When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property." There was no clause in the lease requiring professional cleaning, so when moving out I just gave everything a good scrubbing and/or vacuuming to get things at least better than the mess it was when I moved in (more later). Due to a stormy forecast I called and received permission to leave bagged move-out trash and recycling in the garage on the condition that I come back and take them to the curb on trash day, which I did.
On June 30th I received an email from the property management company with this list of deductions showing $323.71 total withheld for cleaning.
I immediately asked for an explanation and got this in response:
The the complete stove inside and out was dirty. The refrigerator was really dirty on the outside. The microwave was not clean. The doors were dirty. All the blinds had cat hair. The kitchen cabinets were not wiped out. The microwave was not cleaned. The home was not move in ready at all. You left a pile of junk in the garage and it was not swept out. Unfortunately, it was too many things that was not cleaned, so I had to send a professional cleaner in. The carpet was very dirty.
But... like I said above when I took possession of the place it was a mess, and I always document condition when I move in and move out. I replied with this on the 30th:
Stove Move in:
Move out:
Microwave: Move in: http://ift.tt/29lyw2I
Move out: http://ift.tt/29j6F79
Kitchen cabinets:
Move out:
The blinds when I moved in were filthy:
the carpet was something else ENTIRELY:
Move in:
Move out:
Garage: Move in:
Move out:
Note that I had asked for and received express permission from #owner of prop management company# to leave the trash in the garage on the condition that I move it to the curb for pickup on the day of collection to avoid it getting soaked and scattered by the rain which was forecast that week. I came over Thursday morning and moved all of the trash to the curb for collection and moved the bins back that afternoon.
Smudges on the outside of the refrigerator and doors and dust/hair on the blinds after three years of occupancy are well within reasonable wear and tear from should be expected from normal use, as is replacement of the plastic liners in the cabinets. To be entitled to the full refund of my deposit I was not required to have the house "move in ready", only in the same condition it was in when I moved in, minus normal wear and tear, which is clearly shown as being the case in the photos.
and all I got back was this on the 30th:
You will need to discuss with #owner#, because I did not do your move in, and unfortunately I could not allow the new tenant to move in like that.
Thanks for your response, but #owner# will handle from here.
And nothing on the subject since. Saturday I received a copy of the accounting and a check for $1371.29 in a letter postmarked on the 30th. I have not deposited the check and do not intend to until I get this resolved.
Texas property code states in section 92.109 that a bad faith withholding of part of the security deposit makes the landlord liable for 3x the withheld amount + $100 + attorney fees. I've already wasted a chunk of my time on this so I think that some form of penalty is fair but I don't know if what they did qualifies as bad faith.
What is the most prudent way to move forward with this? First, is this as clear cut as I think it is? Should I now be asking for 3x+$100 ($1071.13) and/or should I indicate that if we tie this up now I'd be willing to settle for less (and how much less)? If they say no, should I just say "screw this" and go to an attorney as their time is recoverable while mine is not, or should I go it alone with small claims?
Submitted July 05, 2016 at 08:00PM by Derigiberble http://ift.tt/29j6Bo4 legaladvice
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