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Landlord "making up" reasons to not return deposit

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cindyin214

Junior Member
What is the name of your state (only U.S. law)? Texas

Hi~ My family rented a house for 1 year from a woman (who also happens to be a real estate agent) who is now making ridiculous claims as to "damages" that we caused, and refusing to return $1400 of our $2500 deposit. She is claiming $300 to re-sod a portion of the back yard- which did not have grass when we moved in. (in fact, we bought fencing to put up to keep our dogs out of that area because it was perpetually muddy.) She is claiming $200 to replace peel and stick flooring that is seperating in front of the kitchen sink---due to a water leak under the kitchen sink that WE found and fixed and I had informed her of. She is claiming $400 in cleaning fees. (we spent 5 hours cleaning upon move out) She is claiming $200 to replace dead shrubs along one side of the house- which were half alive at best when we moved in. (We watered at least 3 times a week during the hot summer, and all of the other shrubs were healthy and thriving) She is claiming $300 to have "pet urine stains which were detected through black light technology" removed from hardwood flooring. Our dogs are predominantly outdoor dogs, and never once did I clean up a doggie accident! In fact, she told me that her previous tennants (her son and daughter in law) had dogs AND cats that frequently urinated in the house. I have researched and found that this "black light technology" can pick up on 10 year old urine stains.
She is also claiming that there has been "significant shifting" in the house (it's 70 years old) and that she will be consulting a foundation company. She apparently plans to hold us accountable for that as well. (there were NUMEROUS places in the house thathad clearly previously been taped/bedded/painted over due to previous shifting)
Is she right? Can she withhold our the balance of our deposit based on these items? If I'm wrong, I'm wrong... but we have rented before and never been denied one cent of our security deposit upon move out.
 


sandyclaus

Senior Member
The best defense to outrageous claims of damage that you do not believe you caused is photo or video evidence of the items/areas in question PRIOR to you moving in. If you can provide this evidence, then you have a decent defense to things like the re-sodding, the shrubbery, and the cleaning fees (of course, taken after you completed your cleaning job).

As for the flooring, if you had allowed the LL to fix that, then they could have assumed the cost for repairs. If you did the repairs, there is no way to know what the problems were before and after. You may end up having to pay for this one.

As for the flooring damage due to pet urine, I would argue that because the LL admitted to having a previous tenant that had multiple pets in the home, that LL needs to prove you caused those damages. Demand to have them show the blacklight test they ran BEFORE you moved in so that you can compare it to the test that was run AFTER you moved out. That's the only way to prove that the liability would belong to you for these repairs.
 

John_DFW

Member
She is also claiming that there has been "significant shifting" in the house (it's 70 years old) and that she will be consulting a foundation company. She apparently plans to hold us accountable for that as well. (there were NUMEROUS places in the house thathad clearly previously been taped/bedded/painted over due to previous shifting)

Check the lease to see if you were required to do slow watering around the slab. Believe it or not landlords in TX do put that in leases to due to significant amount of foundation issues due to the soil. Even if you were required to do so and did not, does not mean you caused the damage.

She will be facing an uphill battle on that one in court, especially with pre-existing signs of foundation issues.


As for the flooring damage due to pet urine, I would argue that because the LL admitted to having a previous tenant that had multiple pets in the home, that LL needs to prove you caused those damages. Demand to have them show the blacklight test they ran BEFORE you moved in so that you can compare it to the test that was run AFTER you moved out. That's the only way to prove that the liability would belong to you for these repairs.

I would put the number of landlords who use a black light as really low, but it actually is a good idea and they are fairly inexpensive.
 

cindyin214

Junior Member
The repair to the plumbing was nothing more than us turning a wrench on a pipe under the sink after we stepped in a puddle... I suppose there had been a slow leak for a very long time. When she came to inspect the property upon move out, I pointed out the flooring issue to her in front of the sink and explained the situation- her response: "got it. No problem".
I have spent the day scouring through photos, and have found NUMEROUS ones that capture the condition of the yard when we very first moved in....in addition to photos of the exterior of the house prior to our move in, and then after we moved in. No one can view these photos and not clearly see that it looks BETTER after we started taking care of it. I've also found pics that the tape/bedding from previous patch jobs is actually visible just in the background of candid shots.
I find it so crazy that this lady is a licensed Real Estate Agent, with a very prestigious firm in the Dallas area, and she's trying to play this game. I won't go quietly!
Thanks for all of your input! :p
 

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