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TEXAS lease: Landlord accepted our surrender by preforming the walk through

This is a discussion on TEXAS lease: Landlord accepted our surrender by preforming the walk through within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Ok my lease was up July 31, 2010. We payed up the entire lease on June 7th money order. The ...

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Old May 18th, 2011, 07:16 PM   #1
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Confused TEXAS lease: Landlord accepted our surrender by preforming the walk through

Ok my lease was up July 31, 2010. We payed up the entire lease on June 7th money order. The keys were turned in June 18th and a walk through preformed on June 22 as well as maintenance and repairs were started. First problem is they with held our deposit until Aug 3. They claim that the 30 days didn't start until July 31 even though they had full payment for lease period and started maintenance on June 22. Does anyone have any past cases that helps establish that the landlord accepted our surrender by preforming the walk through and beginning repairs?

Also they with held money for "damages". The paper they provided us was "Itemization of security deposit" On this they had a couple of notes like cleaning:$65 Carpet (stained) $amount, painting:$amount crayon marks.......... I know Texas Code 92.109 says written description and itemization of deductions

Is what they provided considered detailed? Is there any cases that may help on this? We have photos of place dated on move out they have NONE.

We already won in Small claims but now we are in County court because they appealled.
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Old May 18th, 2011, 11:41 PM   #2
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Default Re: TEXAS lease: Landlord accepted our surrender by preforming the walk through

From the facts it is understood that you have move out from the rented building in June 2010. If your surrender was legal then the LL is liable to return the security deposit within a reasonable time. That means if you have informed the present address to the LL , the LL is duty bound to send your security deposit in the address you have provided. However, LL can also deduct from the security deposit unpaid rent, late charges, unpaid utilities which the tenant is responsible for under the terms of the lease or for actual damages caused by the tenant's breach of the lease or rental agreement. Here the LL has no right to keep the security deposit till 31 July. For deductions from security deposit the LL must give written description and itemization of deductions. Here the LL has not provided such a description and itemization of deductions. It seems that they will lose their appeal
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