soldiergrrrl (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
soldiergrrrl) wrote2010-04-22 10:38 am
soldiergrrrl) wrote2010-04-22 10:38 am
Entry tags:
Some people...
So, it's been over five months since we moved out of the rental house in Jarrell. We STILL haven't gotten our deposit back, and I've gotten almost no response to my inquiries. I'm tired of it, and I finally feel good enough that I'm doing something about it. When I'm feeling *RAWR*, do not irritate me.
22 April 2010
Certified Mail- Return Receipt Requested
#________________________
Jennifer D. and John M. Atkinson
{address}
Former Landlords
{address}
Or
Former Landlords
{address}
Re: Demand of Security Deposit
As you know, my husband and I gave you a security deposit when we leased your property at {address} on 15 Nov 2008. We vacated the house on 15 Nov 2009. As of this letter, the security deposit has not been returned, nor has an itemized receipt been provided stating any incurred charges. I have requested an explanation several times, and have gotten little or no response.
At this point, I am demanding the return of the entire security deposit in certified funds. Please see below for explanation. I have enclosed a copy of the check, showing the amount of the security deposit. I am requesting the deposit be returned IN FULL no later than five (5)business days after the receipt of this demand letter.
According to Texas Property Code Section 92.109, I have no choice but to assume you have acted in bad faith.
§ 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.
Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984.
Sincerely,
A very annoyed SoldierGrrrl
22 April 2010
Certified Mail- Return Receipt Requested
#________________________
Jennifer D. and John M. Atkinson
{address}
Former Landlords
{address}
Or
Former Landlords
{address}
Re: Demand of Security Deposit
As you know, my husband and I gave you a security deposit when we leased your property at {address} on 15 Nov 2008. We vacated the house on 15 Nov 2009. As of this letter, the security deposit has not been returned, nor has an itemized receipt been provided stating any incurred charges. I have requested an explanation several times, and have gotten little or no response.
At this point, I am demanding the return of the entire security deposit in certified funds. Please see below for explanation. I have enclosed a copy of the check, showing the amount of the security deposit. I am requesting the deposit be returned IN FULL no later than five (5)business days after the receipt of this demand letter.
According to Texas Property Code Section 92.109, I have no choice but to assume you have acted in bad faith.
§ 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.
Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984.
Sincerely,
A very annoyed SoldierGrrrl