Suing a Landlord for deposit

[tommyboy444]

Anyone ever have to sue a landlord to get their deposit back? I just moved out of my old apartment and the landlord isnt giving me my full deposit back. The deposit was 1650 and he is saying it was 1200. Yes this guy is that big of a moron. I was thinking about getting a lawyer, since texas law says that winner gets paid lawyers fees. I could do it myself but I really dont have the time.

[editor]

Anyone ever have to sue a landlord to get their deposit back? I just moved out of my old apartment and the landlord isnt giving me my full deposit back. The deposit was 1650 and he is saying it was 1200. Yes this guy is that big of a moron. I was thinking about getting a lawyer, since texas law says that winner gets paid lawyers fees. I could do it myself but I really dont have the time.

Mostly it depends on how much you want to mess with the guy. Hiring a lawyer will cost more than the $400 difference, but it might be worth it to you to teach him a lesson.

[CyKat]

Anyone ever have to sue a landlord to get their deposit back? I just moved out of my old apartment and the landlord isnt giving me my full deposit back. The deposit was 1650 and he is saying it was 1200. Yes this guy is that big of a moron. I was thinking about getting a lawyer, since texas law says that winner gets paid lawyers fees. I could do it myself but I really dont have the time.

Well, seems to me that it's pretty cut and dry, so to speak. Why don't you look at your lease and see how much it was?

CyKat

[jm1fd]

Well, seems to me that it's pretty cut and dry, so to speak. Why don't you look at your lease and see how much it was?

Once you find proof of how much it was then wave it in his face and see what he says. If he continues to refuse then haul him to small claims court. This isn't worth fiddling with a lawyer over.

If you don't have proof, ask 'ol landlord to provide some proof as to what it was.

To be successful in court you're more than likely going to have to have some sort of proof....

[rps324]

Whatever you have up as deposit should be reflected on the lease. If it says $1600 and he signed off that you had that deposit per the lease, then you should be able to get a judgement in your favor in small claims court.

One question though, if part of the deposit was due to pets, make sure what you paid was all in fact a deposit. Often times with pet "deposits" they aren't always deposits at all. Part is, and part of it is a non-refundable "fee."

[Mr. Chenevert]

Did you pay him in cash?

I would assume you used a check (I can only hope).

Show him the cleared check from the bank.

[suzerain]

Anyone ever have to sue a landlord to get their deposit back? I just moved out of my old apartment and the landlord isnt giving me my full deposit back. The deposit was 1650 and he is saying it was 1200. Yes this guy is that big of a moron. I was thinking about getting a lawyer, since texas law says that winner gets paid lawyers fees. I could do it myself but I really dont have the time.

A letter should scare him. Let him know, if you can show it was a 1650 deposit, that his refusal to return it you is a violation of the Texas Deceptive Trade Practices Act and you can recover three times the amount recovered, plus $100, plus your attorney fees. That should be enough to get the money back. However, I would wait at least thirty days you moved out before sending the letter. A landlord must provide you with a written inventory of damages deducted from your deposit. Do it too early and he may "create" damages that resulted in the lowered amount.

In law school, my roommate and I used this to get our deposit back, and my roommate got the deposit back for several other people as well.

Here is a sample letter from the People's Attorney Richard Alderman:

Landlord's Name

Street Address

City, State, Zip

Dear Landlord:

On (fill in date) I moved out of the house/apartment that I was renting from you. As our lease agreement provided, I gave proper notice and left the apartment in good condition. I was also current in my rent.

When I moved in, I paid a security deposit of (amount). You have not returned my deposit as the law requires. Under this law, a landlord must refund a security deposit or send written notice of the reason it is be withheld within 30 days after the tenant vacates the property.

Unless I receive my security deposit from you within a reasonable time, intend to go to small claims court. I should tell you that if I do go court, I may be entitled to three times the amount of my deposit plus $100.

Thank you for your expected cooperation in this matter. If you need to reach me, my present address is: (street address).

Sincerely,

(sign your name)