No Forwarding Address vs. Security Deposit

[Lacey A.]

We had a tenant just vacate without leaving a forwarding address. They also didn't even attempt to clean and have exhausted their security deposit to the extent that they owe us money. They owe $2500 more than their security deposit. We have their email, and phone number. Clearly didn't leave on good terms, which is undesirable. :/ 

What would you do? 

A) Good riddance and cut your losses? 

B) Document and send them an invoice knowing it could go unpaid? 

C) Option B + take legal action? 

D) Other 

[Nancy Truong]

Depends on Time vs. Principal vs. Money 

$2500 may not be worth it for legal actions because you have to pay the upfront costs of court fees, process server, skip trace, filing fees etc. If you take the legal route,  I suggest taking it to small claims court also known as justice of peace court since the amount is under $20k. Refer to the contract but if there isn't any about getting the money back.  The default is if the costs you incurred were reasonably necessary then you can get your money back.  You may not get your money back if you spent money on costs that can't be put on the tenant such as wear and tear,  remodeling,  landlord responsibilities,  etc. So the first challenge is to win.  If or when you win,  the court may also grant attorney fees (if you use a lawyer), court fees,  and of course the money owed.  The second challenge is collecting.  I won't get too much into details,  but if they're judgment proof,  it'll be a challenge to get your money back.  You also don't get your money right away,  you essentially habe another process to go through to get it.

Sometimes getting a lawyer to write a demand letter scares tenants enough to give some if not all the owed amount. Good luck.  

Nancy Truong, Texas Attorney at Walter & Truong PLLC