Fox26Law: Refusal to Return Rental Deposit - FOX 26 News | MyFoxHouston

Fox26Law: Refusal to Return Rental Deposit

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It's time for some Fox26Law. Our legal analyst, Chris Tritico, is here to answer your questions. Watch Chris every Tuesday and Thursday morning on FOX 26 Morning News in the 7 a.m. hour.

QUESTION FROM DEBORAH: I was renting a house for 7 years. When I moved in I paid the landlord 875.00 deposit. I just moved out and left the house in good condition. I asked him for my deposit and he told me to prove it.that was 7 years ago and i cant find my money order receipt that I gave him. What can I do to prove that I gave him the money?

CHRIS TRITICO'S ANSWER: Your original lease should have the proof that you paid the deposit upon moving in. If you cant find that I suggest that you sue him for the wrongful withholding of the deposit money. You can do this in the JP court. They will help you fill out the paper work. Wait 30 days from the day that you moved out. He has that long to return the money. You must give him a forwarding address. If he fails to return the money or a itemized list of the monies withheld you can then file suit. Send him a certified letter informing him that you will sue in 30 days if he does not return the money. The Texas Property Code allows three times the damages, attorneys fees and Pre and Post Judgment interest. When you fill out the pleading at the JP court put in that you are suing for attorneys fees even if you are not. That is so if you need to hire a lawyer later you can get your fees.

 

 

Good luck,

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Disclaimer: Fox26Law is intended for general information purposes only and is not and not to be considered legal advice. Fox26Law is not intended to interfere with or replace an existing attorney client relationship. You are encouraged to seek the assistance of the lawyer of your choice for private consultation on specific legal issues.

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