I am in Houston - Texas and I'm a student from Europe, not familiar with the laws here. Please guide me through this legal matter . 30 days passed since I left the landlord property, - i left the space clean and intact, in perfect condition - sh ...

Submitted by Joygoldenfish on

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I am in Houston - Texas and I'm a student from Europe, not familiar with the laws here. Please guide me through this legal matter . 30 days passed since I left the landlord property, - i left the space clean and intact, in perfect condition - she didn't send me back the deposit and as I Understood , I have the right to go directly to the Small Claims Court and file a complain, without begging her again for my money back. From the way she talked to me the day I left the house, I know has no intentions to return my deposit. She said that she has 30 days to see if nothing is missing from the house, like I am a thief or something... Because it was obvious there were no damages and she couldn't accuse me of that. I got scared and I called the police but when they came they said they cannot assist me in any way and it's just a civil matter. They cannot make her check my things and write down that I took nothing when I left. I felt bad for days for being in such a disturbing situation for the first time in my life. Some people are complaining everywhere on internet that even when the judge decide that she has to do it, the authorities fail to make them actually pay and I will never be able to collect my money. Then what's the point in spending time going to Court to fill the forms and after that to go for the trial , if in the end I will not have the deposit back ? Is it any way I can have success with this claim, because she shouldn't get away with what a think is a practice, to steal the tenants money's . Thank you !

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DakotaLegal's picture

It can be scary, for someone

Submitted by DakotaLegal on

It can be scary, for someone from a very different system, when seeing the American legal system in action. Unlike much of Europe, for example, we have an enormous difference between civil and criminal actions. So your landlady may have been deliberately trying to scare you (without much basis in fact) by talking about seeing if you ‘stole’ anything. Texas has several options for people who may need help to afford legal aid: check your eligibility at http://www.lonestarlegal.org/.
 
If at all possible, be ready to defend yourself from this landlady’s false accuastaion. You can do this in at least two possible ways. One, it’s very common to have signed a rental form, describing the condition and contents of a place. You may have photographs of the place: even pictures, taken in the apartment of other things may have some details showing how you lived while you were there. Second, get help from friends who visited you fairly often, or who have first hand knowledge of the apartment, or who may have helped you move, or have first hand knowledge of your present property. Each of these can help make more likely than not that you apparently did not take anything. The same evidence can be used to help prove you were responsible, clean, and orderly while renting.
 


  • You Are legally Entitled To Either Your Deposit Or An Explanation Within 30 Days

 
What the landlady seems to misunderstand is who bears the burden of proving you were a bad tenant. She’s the one who has to prove that. For example, if she didn’t bother giving you a rental inventory (listing the condition of the premises or the contents of the apartment), she will have trouble proving you did anything to harm that property.
 
In fact, she’s also not technically correct about being able to wait thirty days to “see” if anything was missing. The burden is actually on her to give a reason why you aren’t entitled to your entire security deposit back. You can get a hold of a local tenant’s rights group in Houston. They can help you now, and also others who may be warned off of this particular rental business in the future. http://www.houstontenants.org/.
 
Actions Other Than Court
 
Another advantage to the American system of business is the fact that business reputation can be so important. You can contact the Houston Better Business Bureau and file a free complaint, which might send a strong message to the landlady to follow the law. http://houston.bbb.org/.
 
Keep copies of everything you send. Keep a written log of all the dates (to the best of your memory) as to what happened, when. This can be useful if you need to go to small claims court to sue for your deposit and additional damages for her failing to account for your money.
 
Now, about small claims courts…
 
This is a great option for you, because it’s affordable and fairly informal. You also sue for more than the amount of the deposit. Here’s a simple checklist of what you need to do, http://www.texasbar.com/Content/NavigationMenu/ ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf and all the forms you need to sue for your deposit back… http:// www.courts. state.tx.us/pubs/pubs-home.asp. You asked about how to collect a judgment, so be sure to look at page 21 in the checklist booklet.
 

  • If the police do get involved.

 
First of all, it doesn’t really seem too likely the police will help either side. Second, it’s actually a good thing that you called the police to begin with. Usually police will keep a record of the call and what you said. You need to do the same thing, by the way. Have a journal, recording what happened and when, to the best of your memory. If contacted by the police, and accused of theft, use the same evidence you have collected for the return of your security deposit. There are also criminal laws against making false claims, so the landlady herself would be open to trouble.

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DakotaLegal's picture

It can be scary, for someone

Submitted by DakotaLegal on

It can be scary, for someone from a very different system, when seeing the American legal system in action. Unlike much of Europe, for example, we have an enormous difference between civil and criminal actions. So your landlady may have been deliberately trying to scare you (without much basis in fact) by talking about seeing if you ‘stole’ anything. Texas has several options for people who may need help to afford legal aid: check your eligibility at http://www.lonestarlegal.org/.
 
If at all possible, be ready to defend yourself from this landlady’s false accuastaion. You can do this in at least two possible ways. One, it’s very common to have signed a rental form, describing the condition and contents of a place. You may have photographs of the place: even pictures, taken in the apartment of other things may have some details showing how you lived while you were there. Second, get help from friends who visited you fairly often, or who have first hand knowledge of the apartment, or who may have helped you move, or have first hand knowledge of your present property. Each of these can help make more likely than not that you apparently did not take anything. The same evidence can be used to help prove you were responsible, clean, and orderly while renting.
 


  • You Are legally Entitled To Either Your Deposit Or An Explanation Within 30 Days

 
What the landlady seems to misunderstand is who bears the burden of proving you were a bad tenant. She’s the one who has to prove that. For example, if she didn’t bother giving you a rental inventory (listing the condition of the premises or the contents of the apartment), she will have trouble proving you did anything to harm that property.
 
In fact, she’s also not technically correct about being able to wait thirty days to “see” if anything was missing. The burden is actually on her to give a reason why you aren’t entitled to your entire security deposit back. You can get a hold of a local tenant’s rights group in Houston. They can help you now, and also others who may be warned off of this particular rental business in the future. http://www.houstontenants.org/.
 
Actions Other Than Court
 
Another advantage to the American system of business is the fact that business reputation can be so important. You can contact the Houston Better Business Bureau and file a free complaint, which might send a strong message to the landlady to follow the law. http://houston.bbb.org/.
 
Keep copies of everything you send. Keep a written log of all the dates (to the best of your memory) as to what happened, when. This can be useful if you need to go to small claims court to sue for your deposit and additional damages for her failing to account for your money.
 
Now, about small claims courts…
 
This is a great option for you, because it’s affordable and fairly informal. You also sue for more than the amount of the deposit. Here’s a simple checklist of what you need to do, http://www.texasbar.com/Content/NavigationMenu/ ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf and all the forms you need to sue for your deposit back… http:// www.courts. state.tx.us/pubs/pubs-home.asp. You asked about how to collect a judgment, so be sure to look at page 21 in the checklist booklet.
 

  • If the police do get involved.

 
First of all, it doesn’t really seem too likely the police will help either side. Second, it’s actually a good thing that you called the police to begin with. Usually police will keep a record of the call and what you said. You need to do the same thing, by the way. Have a journal, recording what happened and when, to the best of your memory. If contacted by the police, and accused of theft, use the same evidence you have collected for the return of your security deposit. There are also criminal laws against making false claims, so the landlady herself would be open to trouble.