Let me make a long story short... Rented a house for $800 a month, paid a $500 security deposit, and also paid a non-refundable $250 pet deposit for our 8 year old family cat... Had no pre-move in walkthrough as well as not having a post move out walkthrough... Landlord is not returning the security deposit due to carpets having to be replaced because of "cat urine"... We cleaned the house top to bottom, shampooed carpets myself, and left the house better than we received it... My question is can the landlord keep our deposit after already paying the pet deposit that, under my assumption, covers any damages caused by the pet? My opinion is that its just a ploy to keep all the money because the landlord can make up a bogus excuse and blame it on the cat since the landlord knows we have 1... Any advice would be apreciated

Thanks,
Brian in Texas

You can try suing the landlord for the return of your security deposit. The filing fee shouldn't be much and the worst that can happen is the judge denying your claim. Since you didn't have before-and-after pictures the case will end up being your word against the landlord's but if you testify that you shampooed the carpets and cleaned the house thoroughly as well as paying a non-refundable pet deposit, you have at least a chance of winning.

Thanks for the response... Ive thought about small claims court but wasn't sure what kind of costs I would incurr... Like for example, I pay over $500 in court fees and attorney fees, that wouldn't make it worth it... But I have no clue how all that works... This was the 1st time this has happened to us and from research that I've done, Texas doesn't require a pre and post walkthrough... We should have taken pictures but we were oblivious to this... We thought that as long as we kept the house clean and no damages, this wouldn't happen... I guess that's just being naïve and the lesson is learned there... But according to the landlord we were the perfect tenants as we were never late paying rent, we were actually always early, and we followed the lease to the letter... But I've also learned in my research that this is standard practice due to all the sites I've read

Most small claims courts don't allow attorneys so you don't have to worry about a legal fee. The court fees can range anywhere from $25 to $150 that I know of. It might be worth checking it out.

Unfortunately... But when it comes to money, they'll find a way to keep it... That's just sad that people do this to good, hard working people... Im thinking I need to just cut my losses and move on unless I know for sure what I'd be up against... So I guess I need to resesrch small claims info

Ok thank u so much

You should also be aware that if a judge decides that the landlord wrongfully withheld your deposit, the judge can award the tenant up to 3 times the amount that was wrongfully withheld.

Yes... Just learned that lol... How about carpet life? Im reading it should be changed every 5 years... The house is 7 years old and from the looks of the carpet when we moved in, it's the original from when it was built... Is there a law saying that it has to be changed every 5 years? Or is it just a recommendation?

That's usually not a state law. It might be a municipal law. You can find out by calling your town's Board of Health.

Ok thank u

Good luck!

It true that some landlords lack scruples and will trump up what they think they can get away with to keep security deposits. Renters should be aware of this and protect themselves. If you can show receipts from the company that shampooed the rugs and maybe get them to give you a statement, you could win this.

It true that some landlords lack scruples and will trump up what they think they can get away with to keep security deposits. Renters should be aware of this and protect themselves. If you can show receipts from the company that shampooed the rugs and maybe get them to give you a statement, you could win this.

The OP said that they shampooed the carpet themselves or I would have suggested this, Scott.

I misread that, sorry.

I have a friend who rented an apartment with carpeting that had just been nicely shampooed. After a bit, however, it was clear that a stench was under it, and lifting a corner revealed not just smell but urine. It stands to reason that it soaks in, and even soaks into the subfloor. Shampoo masks the smell for a day or two and looks good, that's all.

I'm not saying that's what happened to you, but it's very possible.

Thanks everybody... Yeah it just really bothered me that when I called the landlord last Monday about it, I was told that I would have a check in hand on either Wednesday or Thursday "minus a few deductions but not much, maybe $50-$100"... Them days came and went and I called again every half hour from 9am-5pm this Monday AND Tuesday to no answer and left countless texts and voicemails... Finally got ahold of the landlord yesterday and when asked what the status is on it, I get told "there is no status on it because you're not getting it"... I asked why and was told the carpet has to be replaced... But I did ask "according to who?" and the landlord said the spouse determined that... I have no clue if the spouse is a professional or not but was told I'll have something in the mail in the next couple days detailing everything...

How long ago did you move out?

On the 3rd of this month... I know it hasn't been 30 days but when I turned in the keys, the landlord's told me to call if I hadn't heard anything back in 2 weeks... So that's what I did... Another issue I had about all this is the next day after we were out, the landlord already had a "for lease" sign out in the yard... I know this because I still went by to check the mail the 1st week we were out... Does the house have to be move in ready before listing?

The date that it's listed for lease doesn't matter in your situation. I was just wondering if it had been more than 30 days. If you don't receive a written accounting of how your security deposit was used by April 3 then you can file a lawsuit for the return of the entire amount.

Lisa beat me to it. I would NOT call the landlord again. But wait until the end of next week. If you have not received the deposit or an itemized listing of what it was used for, then send him a letter demanding the full deposit.

Under Texas law if he does not return the deposit or an itemized list within the 30 days, then he forfeits the right to keep any part of the deposit. And if you have to take him to court, you can collect treble the amount of the deposit.

Texas Tenant Advisor (http://texastenant.org/security_deposit.html)

And no, the house does not have to be move-in ready before he can hang out a for let sign. In fact, he could have put the sign out while you were still occupying the premises.

Ok... I just assumed that if there was a sign already up, that it was deemed move in ready... You're saying that's not the case and If that were the case, and the carpet had to be replaced, that it wasn't done in a day... It just seemed odd to me... Made me question whether I was being lied to by a bogus excuse to keep the deposit... Im not saying our cat didn't urinate on the carpet but I can't say that he did either because I don't know... I didn't witness it... Its possible he did but he's never done that before and I never noticed a change in smell in the house... But I'm aware that things happen even if you don't expect it... But I shampooed the carpets not because of that but because there was dirt stains when we moved in and didn't want to be blamed for it...

And just basically I wanted the place spotless...

When a prospective tenant views the property, that tenant can ask for certain things to be fixed or done. Its even possible, in the 2 weeks, he got a tenant who insisted the carpets be replaced and he decided to stick you for it.

But the key here is the that he has to provide you with the deposit or an itemized account of how it was used within 30 days or he forfeits the right the use the deposit. Nothing else matters.

The landlord told me I should expect it in the next few days... Lets say I receive it on the 4th of April which would put it at 31 days, but the post mark is within the 30 days window... It goes by the post marked date instead, correct?

Actually the 2nd would put it at 30 days

Yes, it's the postmark that counts.

Ok thanks everybody... I'll update when I can

**Update**
So we received a "Itemization Of Securty Deposit" form in the mailbox today... The form that says "The carpets have to be replaced due to the unbearable cat odor. No one will consider living there. New carpet exceeds the deposit. Cost to cure is $2866.00"... After deposits taken out, balance is $2416.00... We have 10 days... So, without my knowledge, my fiancé text her asking if she read that right that we owe $? Landlord replied, "Yes. But I'm not gonna pursue the matter further. I'll just write it off"... Something sounds fishy to me... If someone owed me thousands, I'd be on top of it... Not let it go... Should I pursue this any further or chalk it up as a loss and lesson learned? Im afraid if I did still go the court route, that she'll change her mind magically and demand I pay...

Now that the landlord has given you an itemization and states that there is additional money due, if you sue them for the return of the deposit they can counterclaim for the additional cost f the carpet. Then you're taking a chance that the judge will decide in your favor. If the judge decides in their favor then they will have a judgment against you for the additional cost.

You have to decide if you want to take the chance that you'll lose and owe them money.

No matter what, make sure that your fiancé keeps the text where the landlord says that they won't pursue it any further.

So I went by the old house to see if anything was actually done... Talked to ex neighbors when I got there and asked if they've seen carpet going out and new coming in... Neighbors said that they did see carpet going out but not going back in... So I looked in a window and saw why this is costing $2866 instead of $1000-$1500 as my brother, who owns a carpet company, told me the replacement should cost for material and labor... They replaced the carpet with ceramic tile throughout the house and it's the same tile that's in the kitchen, dining room, and 2 bathrooms... My question is, can the landlord switch to a more expensive flooring at my expense? I was under the impression that the carpet had to be replaced with equal value or maybe just a tick higher quality... NOT expensive ceramic tile!

No, the landlord cannot use your deposit to replace the carpet with anything worth more than the carpet was worth at the time you moved in. Now you know why the landlord was willing to "write it off".

But if you've been told that the replacement cost of carpet would be $1,000 to $1,500, and you had provided a security deposit of $500 and non-refundable pet deposit of $250, it would not be in your best interest to try fighting the landlord at this point. If a judge determined that you were responsible for the replacement cost of carpet you could end up owing the landlord from $250 to $750. So it appears to be in your best interest to let this go.

I do think you would lose in court, regardless of the upgrade to tile, given that it had to be replaced with something, and that something was bound to cost more than your deposit.

I'm not saying that the landlord is right about the stench, but I suspect that she is. Many carpets have treated fibers that do protect the fibers but don't stop liquids from penetrating underneath. And once the subfloor is permeated with urine, not much gets rid of it and it often has to be all ripped out too. I'm not surprised that the LL is putting in tile.
I hope you do something about your cat's litter box. The next place might cost you more, and what about references.

@LisaB4657 thank u so much for all the feedback and quick resposes... You've been a great help through this but Its getting to be not about $ but the principal of the matter instead... I don't mind paying $250 to get the LL to do things the right way instead of trying to stick the next unsuspecting sucker with an outrageous bill... $2800? No id keep my mouth shut, but for a couple hundred bucks, nah... Dumb? Perhaps, but I'm a big proponant on doing things the right way instead of how u feel it should be done and sticking the next family with an unnecessary expense... But I gotcha, I understand... @joypulv and do what with the litter box? Like having it on the tile in the bathroom, scooping it out everyday, sweepin the excess litter, and mopping when necessary? Because that's what we were already doing to begin with...

The thing is, if you sue the landlord you'll be putting yourself at risk for up to $1,000 and you won't be preventing him from sticking someone else with a big bill later. Sure, you might win but there's no guarantee. Based on what you've told us I would definitely recommend letting it go.

Ok then I guess that's what I need to do... Thanks