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Updated almost 3 years ago,

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Daniella Niece
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Security deposit, surrender of property and lease end date

Daniella Niece
Posted

Hey all,

Looking for all input. I recently had a turnover where one tenant left & a new one signed on. The tenant (TT) that left had three dogs. They were the first tenant to live in the property since I bought it brand new. Upon inspection of the home we found:

- that the carpets reeked of dog pee, even after they had a professional company clean it (receipt was provided).

- baseboards were discolored with yellow color extensively along the line where the wall & baseboards meet.

- they had tried to DIY paint, left marking on the ceiling and now the house looks like it has two shades of color. They didn't get the shade of white to match what was there before.

I had asked TT prior to getting the property report if they had done any work on the property and they said no, apart from simple 'touch ups'.

They gave notice on Dec 14th, which would make Jan 14th their last day. They left the key on top of a post outside prior to Jan 14th and let me know that they did.

I now know in TX you have to return the deposit latest on the 30th day (upon receiving a forwarding address). 

Questions:

- When does the clock start counting? Does it start on the 30th day after the notice was given or the day they say to have moved out?

- If the time has expired making the full deposit returnable without repair subtracted, are there any other recourse options to take? Or it's a cost you have to eat?

- Does it make sense to send the tenant what needs to repaired and ask them to cover it anyway?

- If the tenant decides to not take responsibility & claim 100% of deposit (which may be granted by the law), does it make sense to try & inform their current landlord of the experience?

I should mention the lease has an arbitration requirement (however you feel about that clause).

I recognize many things I should have done otherwise, and I'll note them as learning lessons:

- Have regular visits to check the condition of the home.

- Develop more through reference checking.

- Study the law and generally act fast especially with deposits. 

Thanks so much for your time!

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