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OH landlord
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Posted: Tue Feb 12th, 2008 04:33 pm |
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Now I see why I am confused. Please keep all replies together so we know the whole story and don't have to go from post to post to find info. I was confused when ferguson said,
The company I rented through is refusing to give copies of my workorders, and I am trying to use those as proof of previous issues so I am not charged for the damages.
As a side note, all tenants should keep copies of the work order/repair requests that they submit to the LL so they can prove this exact thing. How many times do we read a post where the tenant failed to put repair requests in writing, only to have it come back to haunt them later?
Good luck ferguson. Please update us when this is over so we can see what has happened with this.
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Yolanda
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Posted: Tue Feb 12th, 2008 12:11 pm |
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| OH LL, what ferguson has shared, Tex Star ordered repairs when she moved out and those repairs are being deducted from the security deposit. She wants copies of those receipts to support the costs for "damages". Tex Star is telling her there are no receipts. They cannot be found. In my opinion, Tex Star does not appear to be honest with her and they are giving her the "round-around". In Texas, if a tenant requests receipts, they must be provided, even the ones she gave them. If Tex Star cannot substantiate the charges, they cannot deduct those amounts. If it goes to court, I bet they will come up with receipts. The LL has the burden of proof here. In this case, Tex Star. As we have all suggested, ferguson needs to write a letter ASAP outlining these items.
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LandlordLaura
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Posted: Mon Feb 11th, 2008 08:18 pm |
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OH landlord, this post is related to the "Security Deposit, TX" post.
ferguson06, it is very important that you send written requests for the information you need (not phone calls, which cannot later be proven...) and ask for a written reply from the Landlord within a reasonable time frame (ie. 10 days from the date of your letter, for example) and do so by Certified Mail, Return Receipt Requested. You will be able to use your written requests to later prove that you attempted to work things out/get to the bottom of the confusion re: the return of your Security Deposit with the Landlord.
As Yolanda posted (and per the previous post), be sure to request clarifications for all matters that you question in the same letter to preserve your rights to the return of your Security Deposit...
Keep us posted as to how things work out for you...
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OH landlord
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Posted: Mon Feb 11th, 2008 07:54 pm |
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| Yolanda, I don't think he wants receipts for items repaired from the security deposit. I believe he is trying to get copies of repair requests he put in while he was living in the unit to prove that the problems were existing when he moved in. If a pre-existing problem, they would not be considered damages and should have been deducted from the previous tenant and not from him. Would TX law allow him to get copies of repair requests he made while living in the unit? If he requested these items fixed within the first few weeks of living there, they coud be used to show the problems were there when he moved in. It certainly sounds as if there was no move-in inspection or condition sheet.
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Yolanda
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Posted: Mon Feb 11th, 2008 12:19 pm |
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| It has been my experience In Texas, that a tenant must be given receipts or proof work was done, if requested in writing. Ask them to put the repairs and costs in writing with the name of the company. You can then call the company and verify. You might find that a handyman and not a company did the repairs. It appears Tex Star has not done their job properly. They would be the ones responsible since they ordered the work done according to your previous post. I am not an attorney, but you also mentioned that Tex Star should have done a pet addendum and did not. You need to find out if the pet deposit is "non-refundable" if stated in your lease, or a deposit. A deposit is refundable, minus any damages. Read what your lease says about pets. Carpet cleaning is pet related and can be charged. I would not delay in writing that letter and sending it by CMRRR immediately. Keep us posted. Good luck!
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OH landlord
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Posted: Fri Feb 8th, 2008 05:53 pm |
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Why didn't you keep copies of those repair requests when you filed them? If they can't find them and you don't have a copy, you will have no proof that you ever asked for those things to be done. That may make it tough to challenge things in court.
You mentioned a carpet cleaning receipt from the inspector. Was the carpet not clean when you moved in? And they are now trying to charge you for carpet cleaning at move out? Did they come and clean the carpet at their expense once you moved in and submitted the work order? I take it you had a pet. Did your lease allow a pet? Did your receipt state a pet "deposit" or a pet "fee"?
What other items were you charged for according to the deposit statement they sent you? Slow down, post some more information, and we can look at those items to see if they are legitimate charges.
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ferguson06
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Posted: Fri Feb 8th, 2008 05:42 pm |
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The company I rented through is refusing to give copies of my workorders, and I am trying to use those as proof of previous issues so I am not charged for the damages. When I first heard of my security deposit being practically completly used I called them and asked for copies of all my documentation. ie: work orders carpet cleaning reciept from inspector, move in checklist, lease, and the itemized list. I was informed that at the moment the supervisor was not in so no one could retriev the paperwork. I called again the next business day and was then informed that they could not find any work orders on file, now after 4 phone calls to a supervisor with voice messages asking for a responce, and still not ever recieveing a phone call, I am told they dont have to supply copies. I think they are just saying that because they lost the copies or dont want to refund what I am authorized. Another thing, my lease states that the security deposit is seperate from any pet deposit. and that a pet memorandum (some from) has to be filled out by tex-star, my mother asked for a copy of that and they told her they didnt do one. Am I therefore entitled for full refund of my pet deposit, if they failed to do the correct paperwork and none of the listed deductions are pet related?
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