Tennant Suing for Deposit (TX)

[Jack Wang]

Tennant of 2 years did final walk-through with landlord in person, noted various issues like fridge/oven/microwave cleaning & one missing garage key. Some burnt out light bulbs, dirty unchanged air filter, dust/hair on windowsills, one bedroom door lose, and missing undercounter light cap cover. 

Landlord does cleaning, repairs, painting, replacing light bulbs/air filters/keys, etc. Spends about $1500 to make-ready for next tennant. 

Tennant is having disagreements with landlord over deductions of deposit. Original deposit was $1800, of which $340 was returned. Took just over 60 days for landlord to return deposit. Tennant reaches out complaining, as he was expecting $1000+, requesting at least half of deposit. Landlord offers an additional $250. Tennant is not happy, does research and finds that because it's over 30 days, Texas law states he could be owed 3x deposit + legal fees. Tennant sends demand letter for 2x deposit threatening to sue in small claims. Landlord is now offering an additional $700, which is what the tenant originally requested, but tenant is refusing and now wants minimum full deposit back.

What should the landlord do in this situation?

[Julie Hartman]

@Jack Wang The landlord should have known the deposit return laws of his state because the tenant could very well win treble damages now. Of course the tenant is going to take this all the way as he stands to make a lot of money from the landlords mistake. If the landlord wants to avoid court and a judgement against him, I would return the full deposit and call it a lesson learned. Then I would get very familiar with the laws of your state so you can avoid this mess in the future.