Being sued by tenants in Texas

[Mark Garza]

Hello,

Me and my wife own a condo in Texas. Our tenants moved out on May 31st, and left the place in bad condition. Dirty floors, dirty stove, etc. Before moving in last July, we asked them for a $900 deposit.

We agreed to let them pay $425 for May's rent from the deposit, which left them with $475 of deposit for potential refund.

After they moved out, we had no contact at all. I assumed they knew that they weren't getting their deposit back. Last week they contacted me asking if they were getting any of their deposit back. I told them that the place was a mess, and that I had to spend time cleaning and hauling abandoned furniture out to the dumpster. They then demanded a deposit disposition form.

I agreed to give them a disposition form, and I listed everything they owe, which totaled $775. That means they owe me a net total of $300.

Now they're threatening to sue. They say I should've provided them with the deposit disposition form within 30 days, even though I gave it to them after 34 days. They also claim that we're overcharging them for "small damages". How should we respond if they do decide to sue us? I texted them pictures of the condo that clearly show the damages, but they stopped responding. Does anyone have any experience with this? Thanks.

[Jay DeCima]

Mark

The below sounds simple but is so important and I really push this idea on my students.

KNOW THE LAWS - PROTECT YOUR SANITY

Every landlord should know and understand landlord-tenant laws in his own area. Once you know the laws, your fear of renters or of being intimidated will vanish. An overwhelming number of property owners incorrectly assume these laws favor deadbeat tenants. I can assure you this is not the case, although sometimes it appears that way. Laws are mostly about equity. Remember, there are unscrupulous landlords as well as naughty tenants.

Landlords often find themselves in serious hot water with tenants because they try to inject too much logic and common sense into tenant management. Logic and common sense have their place, but they seldom count for much where legal issues are concerned. For example, it is nearly impossible to effectively force your personal living standards and ideals on your tenants. To do so could seriously affect your sanity. What earthly good would it do to make a million dollars from your rental properties if your tenants drive you crazy?

Many small mom and pop type investors give up the opportunity to make a ton of money and have a wonderful free come and and lifestyle simply because they never see the importance of learning to be a skilled landlord. You don’t become a skilled landlord when you acquire houses. You become the owner…that’s all! Skilled landlording will take some education.

Good luck.

Fixer Jay DeCima