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Old 10-11-2008, 09:45 AM
 
2 posts, read 3,518 times
Reputation: 10

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My Landlord is imposing a claim for damages to her condo, she sent her stepmother on the inspection day(06/19), she got 300$ from my security deposit of 1,200$. So I received a 900$ check from her, and on july 23 she sent to me a letter to inform me that she is imposing a claim on Small Claims Court. Did she forfeit the right to impose claim or not??? - There is more than 34 days after I left the condo and receive part of my security deposit back....
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Old 10-12-2008, 01:00 PM
 
Location: SW Austin & Wimberley
6,333 posts, read 18,063,046 times
Reputation: 5532
It sounds as if your asking if you can owe for damages that were discovered after the landlord made a deposit refund. The answer is "probably". I can think of a lot of hypotheical situations where this would be appropriate.

For example (and I'm just making this up as an example), suppose a tenant stuffed dozens of bags of garbage in the attic the day before moving out, leaving the rest of the house in good condition. The landlord walks through, see no problems, and refunds the deposit.

But a week later, landlord notices a strange smell and discovers the garbage in the attic. He then pays to have it all removed, and sends a demand letter to the tenant for the cost of removal.

Does he have a case he can win with in small claims court? I believe so.

In your case, you are leaving information out of the story. What is the landlord saying is the basis of the $900 being sought? We need to know that in order to be able to offer opinions other than the general one I outlined about, which is "yes", he can sue if it's for damage he can prove was caused by your mother and which was not known at the time he initially withheld deposit funds. None of the other data about dates, partial refunds, etc. matters.

Steve

Steve
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Old 10-12-2008, 02:06 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,894,397 times
Reputation: 2771
This is the second time you posted this question. You did not add any information. There needs to be more details added.
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