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    Cancer0721's Avatar
    Cancer0721 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 24, 2007, 06:46 AM
    Small Claims Suit Against Prior Landlord
    Good Morning,

    I filed a small claims suit on yesterday against my prior landlord for violation of Chapter 92of the Texas Property Code. He did not refund my security deposit or send me an itemized statement of damages within 30 days. When I got home and check my mail I had a check in there from the landlord for the amount of my deposit. My question is do I still have a case whereas I filed against him for 2130.00 which is three time the amount of the security deposit, 100.00 penalty and my court cost? Can I still pursue this case for the difference being he did not act within the 30days. It has been 60 days since my move out, please advise.

    Thank you
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Apr 24, 2007, 06:51 AM
    I don't know the specifics of Texas law but based on your facts you do have a case. Do not cash the check since this would likely be acceptance of his settlement.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Apr 24, 2007, 07:31 AM
    If the check was mailed after the required 30 day period, then you still have a case. As Ball said, don't cash the check (don't return it either).
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