[sueinaustin]

Hi,

This involves a lease that went month to month and verbal agreements. During tenants stay, they broke several personal items (sculptures, fountain) on the property and brought in a second dog. In the written lease, there is nothing abuot pets.

I gave them erbal permission to have one dog, but they adopted a second one without my prior knowledge. They have recently moved out.

I am now seeking to take out money of their security deposit for this "new" dog and the items they have broken. They have gotten a lawyer and this lawyer is saying that "verbal agreements are not binding unless they are reduced to writing".

Is this true? Do I have a chance if this goes to court? I took out $770 out of $1400 and they are getting a lawyer for the rest? What should I do? Fight it? Ask for a mediator? Please help! Thanks...
-s

[rockinmommy]

Sue, You said that your lease does not address pets. What does it say about returning the security deposit? And have you followed that - as far as the proper time frame for returning it, itemizing the deductions you took, etc?

I'm sure what the lawyer is saying about verbal agreements is true. But from what you've said I think we're talking about damage that was done during their tenancy and them paying for that damage. Take the dog(s) out of it. They lived there, they (doesn't matter if it was them personally or their kids or guests or pets) did damage, and you have a right to withhold the money to pay for that damage from their deposit.

Do you have proof of the damage - like pictures, etc?

Karla in TX

[sueinaustin]

Yes, I sent itemization with final check within 30 days of receiving return address. Yet, the lawyer is still trying to do a "bad faith" case with this. They are questioning some of the items. So, I am planning on rescending some of the deductions and in returning a little over half - to show good faith and compromise. I do have pictures of damages and will use them if this goes to court. So, I have proof and I will charge the necessary charges as needed for damages and see what happens!

Thank you for your help! I have a little bit clearer idea of what I can charge them and what I can't. Thanks. sueinaustin

[rockinmommy]

Sue, If you feel that your original calculations are correct I wouldn't give them back half of what you kept. You have a right to recover damages. If you were keeping something "just because" they had the extra dog - then yes, that should go back.

I would reply to the attorney's letter. Quote the lease, quote state law (see first post in this forum), include pictures of the damaged items. Be very professional but firm. When they see that you know what you're talking about I would think they would back down.

Texas is a landlord friendly state. If they did damage you have a right to recoup the expense for repairing it!

Good luck!
Karla in TX