Need Help on a Real Estate Piece

andrewhollinger · Jul 26, 2008

Hey all,

I'm writing a real estate geared piece geared toward renters. I live in Texas, USA.

I've come across a question I can't seem to find the answer to and I hoped that someone here would know and be able to tell me where to confirm that information.

The question is this: Can a landlord charge OVER the amount paid as a security deposit?

From what I understand, the renters cleaned the house thoroughly but accidentally left some things in the back yard. They originally paid $500 in a security deposit and now the landlord wants to charge an extra $250. The original lease was lost in the move, and the tenants have no pictures.

I looked up the renters' rights in Texas, but there was no language specific to this query.

Any help is great!

Thanks.

Soccer Mom · Jul 26, 2008

Hi Andrew! Two things, first, I"m gonna move this to the ask the expert forum.

Second, I may be able to help you. I practice law in Texas. This isn't my area of expertise, but I know several JP's who do many evictions, including the JP who teaches this area of law to other JP's in the state. If she gives me the okay, I"ll PM you her email.

Maryn · Jul 27, 2008

I don't know Texas law, but in Arizona, Massachusetts, and New York, the landlord can charge fees larger than any security deposit for actual costs incurred. If challenged, he may need to provide proof of actual costs in court.

For instance, if the things left in the yard were large, maybe they had to be moved to the curb by two beefy guys (who charged for the service). Maybe they needed a special pick-up order by a private trash collection company (which might be the norm for above-ground pools, dog runs, pet cages, swing sets, picnic tables, and large play items). Maybe the lawn had to be re-seeded where the abandoned items had been, or supporting rock or gravel removed and hauled away. The costs might reach $250 faster than you'd think.

Maryn, who's been tearing out NY rental columns for a few years, for her kids' early apartment woes

jclarkdawe · Jul 27, 2008

The reason for a security deposit is to provide the landlord with a quick and easy way to recover damages. Unless agreed to in the rental agreement, it is not a limitation on the amount of damages the landlord can seek.

The reality for a landlord is that if the damages exceed the security deposit, the chances of the landlord recovering the excess amount is somewhere between slim and none. As a result, most landlords tie the security deposit amount to their deductible on their insurance, though if it's a small amount difference, most landlords just eat it.

So, yes, unless Texas is very unusual (there would be a statute), the security deposit does not act a limitation on the amount that can be recovered from a tenant. Landlords should always itemize the damages, even if the amount is covered by the security deposit. And a tenant has the right to challenge that calculation.

Best of luck,

Jim Clark-Dawe

StephanieFox · Jul 27, 2008

Up here in the Northland, this wouldn't be a real estate question. If I were writing this, I'd contact the city office that handles rentals and ask them. You may also have a landlord/tenant advocacy group who could answer questions and give good quotes.

Tsu Dho Nimh · Jul 27, 2008

andrewhollinger said:
The question is this: Can a landlord charge OVER the amount paid as a security deposit?

From what I understand, the renters cleaned the house thoroughly but accidentally left some things in the back yard. They originally paid $500 in a security deposit and now the landlord wants to charge an extra $250. The original lease was lost in the move, and the tenants have no pictures.

If the landlord has the paid bills to back it up, yes he can charge whatever it takes to put the place back in the condition it was in before the renters moved in.

He'll probably have to take them to court, and then register the judgement with the court ... it sits on their credit rating like a big fat wart until paid.

andrewhollinger · Jul 28, 2008

Everybody--

Thanks for all the responses. You've helped me gain a better understanding. All my research pointed in this direction, but I just couldn't find it in print--a direct answer to my question.

Muchas Gracias!

Need Help on a Real Estate Piece

andrewhollinger

practical experience, FTW

Soccer Mom

Crypto-fascist

Maryn

At Sea

jclarkdawe

Feeling lucky, Query?

StephanieFox

Maybull the Bulldog

Tsu Dho Nimh

andrewhollinger

practical experience, FTW