[DEENSAJI]

I have a home at Texas, and I gave a rent to a couple on May 2008 for one year lease. They continue one year more lease which I asked them to sign new agreement that start from June 2009 till May 2010. Meanwhile on March 2010, her girlfriend called me and say that she no longer staying in that house so she wants to move out, therefore I asked her to give a letter saying that she no longer staying in that house but till now I did not get any letter. Then I called the tenant if he wants to continue the lease or not but he told me that he is still thinking about it and end April he called me that he wants to move so I asked him that he should give me a letter and also according to the agreement he has to pay me until June 2010, which he did. In a meanwhile I have to out of country on May 25th and I told him wait till I back and we will talk about how is the condition of the house to return the deposit and he is fine with that. Instead of end of June, he moved out on July 10th. When I went to check the house it is in a mess as a trash place. When he moved I put new carpet but now the carpet turn its color from light brown to black spot everywhere, he did not clean the bathroom, there are lots of food in the refrigerator, washing machine area is wet and mold with water and also there is big hole, bathroom very bad and still there is waste in the toilet, windows broke, lots of illegal wires been going on, backyard shed with junks and many more. In a meanwhile he called me and asking his &1,700.00 deposit and I told him that give me one and a half month to fix all the mess in the house and after the deduction I will return your money. When I asked why he did not clean, he said that he already clean. Since I am working two jobs so I have to find my time to hire 2 guys to clean all the mess, shampoo the carpet, change new plastic tile in the kitchen, new paint, clean the shed and many more things before I rent it out. After all the deduction I send him a check for the amount of $391.00 and as soon as he received he said that I am playing with his money and will see me in the court. I have all the bills that I spent for the house and also snap the pictures after he moved out and after I clean the house. Am I did the right thing and is there any law that I should know or if I meet him in the court will I win or not. Thank you

[ballengerb1]

So he did pay you for the full rental period, right? Sounds like you did the right thing so keep all of your receipts and picture, tell him you'll be the one with the big hat in the courtroom. You can't stop someone from sueing but you can ask the judge to dismiss the case upon showing your evidence

[ScottGem]

Here are your problems. First, you are required to return the deposit or an itemized list of how it was used within 30 days of when he vacates. If you did not meet that deadline, then he can sue you for triple damages.

However, he needed to give you proper notice of vacating, as well as a forwarding address. This site may help you understand the law:
Texas Tenant Advisor

[ballengerb1]

Good point Scott. I missed "give me one and a half month "

[Fr_Chuck]

Yes, you can't be "too busy" to be a landlord, this is a business and has to be treated as such. And if you were doing part of the cleaning yourself and did not charge for your own labor you are cheating yourself.

At this point you take all of your proof into court.