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flamedavenger · Mar 27, 2013, 11:59 AM

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

LisaB4657 · Mar 27, 2013, 12:16 PM

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.

flamedavenger · Mar 27, 2013, 12:53 PM

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

LisaB4657 · Mar 27, 2013, 12:58 PM

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.

flamedavenger · Mar 27, 2013, 12:58 PM

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

flamedavenger · Mar 27, 2013, 12:59 PM

Ok thank u so much

LisaB4657 · Mar 27, 2013, 01:01 PM

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.

flamedavenger · Mar 27, 2013, 01:39 PM

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?

LisaB4657 · Mar 27, 2013, 01:46 PM

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.

flamedavenger · Mar 27, 2013, 01:48 PM

Ok thank u

LisaB4657 · Mar 27, 2013, 01:53 PM

Good luck!

ScottGem · Mar 27, 2013, 02:36 PM

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.

LisaB4657 · Mar 27, 2013, 04:16 PM

Originally Posted by ScottGem

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.

ScottGem · Mar 27, 2013, 05:34 PM

I misread that, sorry.

joypulv · Mar 27, 2013, 06:13 PM

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.

flamedavenger · Mar 28, 2013, 07:47 AM

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...

LisaB4657 · Mar 28, 2013, 07:53 AM

How long ago did you move out?

flamedavenger · Mar 28, 2013, 08:09 AM

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?

LisaB4657 · Mar 28, 2013, 08:12 AM

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.

ScottGem · Mar 28, 2013, 08:23 AM

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

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.