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Charges in addition to security deposit

  • Thread starter Thread starter gullken
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gullken

Guest
What is the name of your state? Texas


Two friends and myself rented a house in Texas from a lady. We lived there for two years and were never late on the rent. We never had any problems ... until after we had moved out.

The inital security & pet deposit was $1450. Im not going to lie, when we moved out the carpet was not perfect. There were some stains that two different carpet cleaning compaines could not get rid of. Part of the carpet was also torn while we were moving out. (oops!) We knew that our deposit was gone, accepted it and moved on. Before we moved out, we replaced some linoleum at the entrace of the house, painted all the walls, and got the front and back-yards landscaped.

However, three weeks after moving out, I get a call from my old land lady, who tells me that she wants to charge me and my two room-mates $10,000 in damages to the house. Needless to say I was floored. After about an hour on the phone she said she would simply charge us the cost of whatever it took to replace the carpet.

She called me the next day with two estimates on this three bedroom 1400 sq ft house, one for $4000, and another for $2500. Now, there are only two areas of the house that had any damage, and the stairs and second floor are perfect, nay immaculate. The carpet is the cheap carpet you would find in aparment complexes and was literally "patched together" in parts when we moved in.

She gave me an ultamatium:
1. Pay the difference in the security deposit for the carpet ($1050)
2. Get a list of the damages items, and pay for them. She said if she "has to make this list" it will be much, much more. She has stated that she is replacing all the linoleum in the entire house, re-painting (needlessly), changing the master bedroom from carpet to tile, replacing the garage door etc etc... and would charge us for all of it. Even though its obviously way out of scope of the damaged carpet.

She says if I dont do this, *this week, she will give the three of us a $10,000 black mark on our credit.

Now, where I stand paying her $350 to drop it looks pretty good as the the thought of getting that kind of black mark on my credit scares me! My room-mates are very much against the idea, and may want to fight her... I think that would cost more than $350 each and is not worth the risk....

Does she have the right to charge us on top of the security deposit if she deems it so? Should I fight her or keep trying convince my room-mates to pay her off? If I do pay her off now, how would I stop her from calling me again in 6 months asking for more money?

Any advice would be greatly appericated!
~gullken
 
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dequeendistress

Senior Member
The landlord is obligated to send you a summary of charges against your deposit in accordance with TX law, within the time frames specified within the law. The landlord can and will charge you for items which were beyond normal wear and tear-these charges should be reasonable. Providing the landlord complies with the law, and you pay any monies due, get a receipt, and do not pay cash. NOW if you and your roommates are going to pay partial payments then you need to ensure they hold up their end of the deal. The landlord can request all the monies due from you as a whole and is not bound by law to say you owe this percentage, roommate "A" owes this percentage and so on.

Do you happen to have a move in report completed by landlord or his/her agent stating the condition of the home when you began occupancy?
 
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gullken

Guest
First of all thank you for your input.

I believe one of my room-mates does have a copy of the lease and a list of all the things that were wrong with the house when we moved in. However there are some things that we did not find out about until later such as the garage door having trouble opening during the summer) which we had talked about verbally that she is now claiming total suprise...

She is telling us if we make her produce a list, we will have to pay for these things as well as whatever maintence she deems needed, such as painting the house....
 
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gullken

Guest
she has not mailed me a list, but no she does not have my current address. However I think the point at hand is that she is telling me to pay her without a list.. and if she gives me a list she will charge more.. ALOT more...

I am getting the feeling that she has a vastly stronger upper hand... and that I should just pay her. Now, somthing I should probably mention is that we have always had a relaxed relationship... to the point that our lease expired a year ago, and we never renewed it. We just continued to pay the rent and she continued to take it. Does this come into play at all?
 

dequeendistress

Senior Member
You missed the boat, the LL is required by law to send you a summary of charges, within a very specific time frame, hence let her keep telling you whatever, if she does NOT send a written summary to you then you should be able to get your deposit back regardless of the damages.
 

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