North Texas tenant seeks help with deposit return

NBC 5 Responds to a North Texas tenant who wants her deposit back in full. She said her former landlord kept the deposit and sent a bill for additional expenses to cover things like carpet and duct cleaning.

DISPUTES ABOUT COLUMN

Before handing over the keys on the day of check-out, Sherilynn Bates-Lemons said she quickly took a video of her apartment.

“My apartment was very, very clean. It was almost ready to move in,” Bates-LeMons said.

About a month later, Bates-Lemons said she received a letter from the apartment complex saying it was withholding her $300 security deposit and charging another $339.80. The letter lists fees for the final collection of garbage and water, which Bates-LeMons does not currently dispute. Bates-Lemons said she disagreed with fees for stain and odor removal from carpet, additional paint and duct cleaning.

“I have never lived in an apartment building where I was required to clean the air ducts before moving out. It was weird,” Bates-LeMons said.

Bates-Lemons responded with a letter in which she disagreed with the allegations. She shared an email thread with an apartment complex’s corporate office bill collector via NBC 5 Responds. The specialist included photographs in it, writing that the carpets have a smell, and the walls require additional painting.

Bates-Lemons said it looked like the normal wear and tear of a three-year-old tenant.

“For me, it further solidified my side of it,” she said.

NBC 5 Responds contacted Saxony Apartments’ corporate office. Moche Earls, the compliance officer, sat down next to us.

Earls said the carpet in the apartment was a year old when the tenant moved in, and there were small black spots in the complex that needed extra cleaning when she moved out.

“The seller will charge us for the extra chemicals that need to be used in the shampoo to remove those black spots, as well as the deodorant to get rid of the odor,” Earls said.

Earls said the complex charged to clean the air ducts to remove the odor, but said the bill notes did not specify what the odor was.

Although the lease agreement allows for small nail holes in the walls, Earls said holes were found in the complex that needed to be patched.

“We are responsible for getting this apartment back for rent, right? So if there is damage left behind, we need to make sure residents are charged for that excess wear and tear,” Earls said.

Earls also said the complex does not charge for a stain left on a countertop.

Bates-LeMons tells us she didn’t have pets, didn’t smoke, and argues with the smell. She told NBC 5 Responds that any holes in the walls could be from a mirror attachment.

Ultimately, the corporate office offered to withdraw the additional charges billed by Bates-LeMons and said it would hold the $300 deposit in full. Bates-LeMons said she continues to fight to get her bail back.

WEAR DETERMINATION

K’Lisha Routledge, managing attorney for the home preservation project at Legal Aid of Northwest Texas, is not involved in the dispute. In general, bail disputes are common, Routledge said.

“It usually comes down to depreciation, and the tenant and landlord sometimes disagree about depreciation,” Rutledge explained.

The Texas Property Code defines normal wear and tear as “deterioration resulting from the use of a dwelling for its intended purpose.”

What does it mean?

“Things that happen as usual are not due to negligence or damage caused by your guest,” Rutledge said.

For example, according to Routledge, small holes in a wall where a resident has hung a painting or places where carpet has been worn down by walkers can be examples of normal wear and tear.

However, scratches on the wall or stains on the carpet may come out of the deposit.

“If you have small children and that child likes to write on the wall, that’s not normal wear and tear,” Rutledge said. “If this kid spills paint on the carpet, it will definitely be something that will be paid out of your deposit.”

Rutledge explains that if a tenant believes that the security deposit was wrongfully withheld, tenants can sue in small claims court for $100 plus three times the amount of the security deposit wrongfully withheld. The judge may also award reasonable attorneys’ fees.

ADVICE FOR SECURING DEPOSITS

Rutledge recommends that tenants document the condition of the apartment when they move out and when they move in.

Rutledge said: “When I rented an apartment, I took a phone charger and plugged it into every outlet, turned on every faucet to make sure the water was flowing properly, I checked every light.”

Note any defects on the inventory and condition form and give it to the landlord.

Ian Mattingly of the Greater Dallas Apartment Association said tenants should keep a copy.

“You can take your copy of this inventory and the apartment condition form and compare it to the condition of the apartment when you move out,” Mattingly said.

Ask for check-out instructions to understand the landlord’s expectations, clean carefully or hire someone to do it for you, and plan your detours ahead of time with the manager.

In Texas, the landlord has 30 days to return the deposit or a detailed statement of what is being deducted. The tenant must move out and provide a forwarding address in writing.

NBC 5 Responds is committed to looking into your concerns and getting your money back. Our goal is to get answers and, if possible, solutions and a solution from you. Call us at 844-5RESPND (844-573-7763) or fill out a customer complaint form.

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