Typically a lease is cut and dry between apartment communities and their respective tenants. Many times however, there is a dispute that arises between the apartment community and the respective ten...
Typically a lease is cut and dry between apartment communities and their respective tenants. Many times however, there is a dispute that arises between the apartment community and the respective tenant.
But Wait, There's More About Security Deposit
Normally this always boils down to the safety deposit. Many renters claim they never received their security deposit back, or that the holder didn't return their security deposit in full. Worth checking out; Payday loans in Houston Texas.
Actually the security deposit is the heart of much frustration and causes a stressful situation for many parties.
The renter is normally responsible for the maintenance of the apartment home. And normal wear and tear items shouldn't be inferred from the security deposit. Of course what is defined as 'normal wear and tear' may likewise be the cause of a large part of the confusion.
During the time of your lease if you stain your carpet, or damage the walls, or break one of your windows, this would obviously exceed normal wear and tear. Carpet that isn't stained, but apparently has been worn down by repeated renters would fall under normal wear and tear.
If the tenant goes against the provisions of the lease the property manager or landlord may use up the security deposit to mend the damages generated by the rental occupant outside the common wear and tear. An example of outside wear and tear damages often incorporates deliberate damage to appliances, cracked windows or damaged door locks. Landlords cannot use the deposit for repairing damages caused by normal wear and tear and other property improvements like carpet cleaning even if the occupant defaults on the rental agreement.
Lastly, when a renter gives a security deposit to the landlord and don't take the possession of the good, the resident may not get back the deposit. This is practiced to prevent a tenant from entering a lease agreement that he may not fulfill. In this case the security deposit is used as a landlord's insurance for the nuisance of listing his property to rent again.
If your washing machine breaks due to normal use or your refrigerator ceases to work, these items would be normal wear and tear.
Now that we have cleared this up, what are the rules relating to the return of the guarantee deposit in the view of the law.
In Texas, the landlord must return your security deposit within 30 days of you have moved outside of the rental in which you called home. Be sure and leave a forwarding address so the landlord knows where to mail your payment.
Moving right along, if you don't receive your security deposit, you have the option of taking the landlord to court. And make sure you have paid all your rent up to date.
Texas law allows a renter to sue the landlord for three times the security deposit plus a $100 fine. So if you security deposit is $1000, then you could potentially sue for $3100.
You will have to go to small claims court and state your case. It could take months for you to have a case before a judge but rest assured it will be well worth it.
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