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Small Claims Court- Anyone been?

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    Small Claims Court- Anyone been?

    Recently my wife (elf feet) and I sold our house and hadn't found a new one yet, so we rented a property here in The Woodlands for six months. We paid all six months rent up front, and cared for the property as though it were our own. We didn't even unpack anything but the essentials. We didn't hang anything on any wall and only used two rooms and the kitchen during our time there.

    We received our deposit back today, and the landlord had deducted $1,150 from our initial security deposit! His explanations are completely bogus, too.

    1. Landscape and exterior items- $200
    2. House cleaning- $150
    3. Garage door opener doesn't work $325 total, $75 tenant co-pay
    4. Carpet cleaning- $225.90
    5. Management fee- $500

    He goes on to say that it's obvious the lawn was never watered, which is why he charged $200 for landscaping. That's not true though. I have a receipt from Home Depot for a sprinkler, a written letter from neighbors saying that saw me watering the yard regularly, and a water bill consumption history that shows our usage dramatically increase in April, May, and June. But even if I didn't water the lawn (which I did), he can't charge some random amount for landscaping. He can only charge what it costs to restore it- and watering couldn't possibly be $200.

    Both cleaning fees are completely bogus, as my wife worked hard to ensure that the house was cleaner than it was when we moved in. Unfortunately we cannot prove this, though.

    Our lease does not allow for a tenant "co-pay" if something on the house breaks. Contractually, he cannot charge us $75 because the garage door opener stopped working.

    Lastly, the $500 management fee is the most laughable of them all. His reasoning is that he had to manage and oversee all the work done to repair his house. But our lease does not allow him to do that.

    With all that in mind, do any of you have any experience with small claims court? I'm seriously considering filing a claim because these charges are completely bogus.

    Thanks for your help, and sorry for the long post!
    Last edited by Split Arrow; 08-20-2013, 07:41 PM.

    #2
    Going thru this now with a LL. All that you mentioned will be considered wear and tear except for the cleaning of the house and carpet. His word against yours. Management fee is a joke. He could be liable for 3 times the amount owed if JP decides he acted in bad faith. Good luck

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      #3
      I was scheduled to appear against an insurance company but they chickened out and paid. I say go for it

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        #4
        Originally posted by slicktricker View Post
        Going thru this now with a LL. All that you mentioned will be considered wear and tear except for the cleaning of the house and carpet. His word against yours. Management fee is a joke. He could be liable for 3 times the amount owed if JP decides he acted in bad faith. Good luck
        It's so frustrating. Isn't normal wear and tear expected, and covered in most leases? It is in ours... There has to be specific damage in order for the LL to be able to deduct anything, and in this case I'm sure there wasn't.

        Good luck as you go through this yourself! I hope the JP finds in favor of us, 3x's the amt!

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          #5
          JP might find that the cleaning of house and carpet is wear and tear too.

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            #6
            Split Arrow forgot to mention that we paid a non-refundable pet deposit which should have covered the carpet cleaning (even though I scrubbed all spots out of the carpet). So, the LL essentially charged us twice for the carpet cleaning.

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              #7
              I have only had to do one small claims, which I won. It's not a ton of money, but I would probably do it on principal.

              If I remember correctly, you need to send him a claim letter requesting your deposit back and give him time to respond. Then if he does not, you can file the suit. It will probably cost you about a hundred bucks to get it done.

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                #8
                Small claims court was a piece of cake the time we went. Like Chunky said I would do it again on principal

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                  #9
                  Good luck! Keep us updated.

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                    #10
                    Originally posted by elf feet View Post
                    Split Arrow forgot to mention that we paid a non-refundable pet deposit which should have covered the carpet cleaning (even though I scrubbed all spots out of the carpet). So, the LL essentially charged us twice for the carpet cleaning.
                    Then he is definitely trying to charge off the deposit any way possible. You can sue for up to $10000 including atty fees. Just remember that all he has to do is appeal then you have to go to district court and do it all over again. I've been told that the one with the most evidence usually wins.

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                      #11
                      Originally posted by slicktricker View Post
                      Then he is definitely trying to charge off the deposit any way possible. You can sue for up to $10000 including atty fees. Just remember that all he has to do is appeal then you have to go to district court and do it all over again. I've been told that the one with the most evidence usually wins.
                      I don't want $10,000, I just want what is rightfully due to us. There is plenty of evidence in our favor, most importantly is the fact that our lease doesn't allow him to make three of the five deductions, regardless of the condition of the house.

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                        #12
                        Totally understand just giving you what the jurisdictional limit is.

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                          #13
                          Thanks for all your help, it's good info.

                          Do you happen to know how long it takes to get a court date, generally speaking? I have an elk hunt from Sept 8-18 and don't want to be scheduled while I'm gone. Do you think I should just wait until I get back before filing?

                          Thanks!

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                            #14
                            I filed in Plano and won't get one for 9 months. If they schedule it you can ask for a continuance.

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                              #15
                              Lovely! Sorry for your troubles - I hope it works out in your favor

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