Security Deposit Refund:when Does30 Day Time Frame Start

by **Eugenio** » Sun May 18, 2014 2:40 am

If the "agent" was your only point of contact and was the person through whom you paid the rent, you still could have sent the keys to them (same as rent). Anyway, not relevant.

"The landlord did not send the letter for refusing the security deposit by mail. He emailed it."I wasn't pointing to a "postal delay" as such; I'm just saying a court may not find it at all meaningful that you received it on 8/4. My point is that you're focusing on this 30 days like a laser when that's not necessarily productive.

"They are calculating the 30 days from the day the walk through was conducted ( 8/4 on their request) and not on 8/31 ( when the lease terminated and the tenants vacated )."Even though I believe you're referring to the state law that requires the landlord to send out X explanation for withholding a deposit within 30 days, I'm not sure what your point is here. Anyway, the clock on the 30 days starts running after you leave.

"So my original question is when does the clock for the 30 days start?"You've never actually made it clear what you're referring to here but, again, I believe you're vaguely referring to a state law requirement. If someone doesn't answer a question, they ... don't answer a question. There's no need to repeat it. :) At any rate, the timeline starts ticking when you move out, and you all are free to quibble over the relatively immaterial succeeding days. Who knows whether court will care.

"Why would the landlord enter the premises in the absence of the renter if the keys were not handed over?"This question doesn't make any sense. Re-read it. They know you moved out, right? :) They're free to visit/inspect the place even if you hadn't moved out, as a practical matter. "Doesnt it mean that the lease is over?"We keep circling back around to a relatively non-material issue, when you ought to be focusing on the topic of damages. That leads me to believe that you left these damages and you're thinking you can pin hopes of getting your deposit back and fending off any excess damage charges by lasering in on the fact that you didn't receive notice of the withheld deposit and charges until 10/4.

"No, there were no pictures taken either at move in or during walk through."Don't forget to do that in future. Still, the landlord will need to demonstrate to the court's satisfaction (whether you are suing for return of your deposit and/or they're suing you for excess) that it's more likely than not that you left the damages and this is what it cost to fix them (arguable on all counts).

by **Hamnet** » Sat May 24, 2014 12:46 am

Thanks for that response.Here are my clairifications: 1.The secrets couldn't be delivered on 8/31 since we didn't possess the landlord's target. They existed in another state.Their broker declined to cope with the walk-through & handover of secrets. 2. The landlord didn't deliver the notice for declining the safety deposit by email. He sent it. Therefore there's no postal delay. They're determining the thirty days in the evening the walk-through was performed (8/4 on the demand) and never on 8/31 (once the rent ended and also the tenants left). Therefore my initial issue is when does the time for that thirty days begin? 3. Why might the landlord enter the areas within the lack of the tenant when the secrets weren't passed over?Doesnt it imply that the rent is over? 4.No, there have been no images obtained possibly at relocate or during walkthrough.

by **Hanford** » Sat May 24, 2014 11:25 am

Sevina: 
Simply to inform you, they're not demanding cost for almost any mess. 
 
okay, clutter may be the wrong term. Contact it whatever you prefer: clutter, problems, repairs, whichever, they're challenging $10,000.Sevina: 
I'm just wondering concerning the one month period of time since I do want to understand easily may be used or not. 
 
Obviously you should use it. The thirty days were up possibly 9/31 or 10/4. Present day 10/12 which means you possess a reason for motion for non compliance using the safety deposit regulation whatever day you depend from. 
About the other hand, when the LL sues you for damages the thirty days has nothing related to your protection, or does other things concerning the secrets and also the re-locate EXCEPT that you simply quit the area perfect and did not trigger any problems. That is all that matters. Sevina: 
I usually settled my lease promptly and adopted each and every factor on the regular way and so I also wish to support them to it. 
 
Subsequently prosecute him. The very best protection is a great crime (I believe that is how it moves).

by **aldous** » Mon Jun 09, 2014 10:53 am

If TX law says LL must use US Mail to post a response then he has blown past 30 day by any measure known?

by **Bronsson** » Wed Jun 11, 2014 6:14 pm

Sevina: 
No, they didn't deliver the e-mail today. They delivered it on 10/4 when I stated in my own unique post. 
 
That isn't related anymore. 
Your problem is the fact that they did not return your cash. The problem is not the day they sent you the notice. 
If you're able to show they held the cash mistakenly then your one month factor does not matter anymore, apart from the contract for returning the cash is lengthy past.

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