Dallas, TX asked in Landlord - Tenant for Texas

Q: Is my landlord overcharging for damages? I rented a property for 4 years (2016-2020).

I rented a property for 4 years (2016-2020). The leasing company is charging over $4,000 in damages ($1900 of which was the security deposit). The charges are $1300 for carpet, $2100 to repaint, and a $350 cleaning fee). We are being charged for replacing the entire carpet (which we did further damage) but we documented that it was already largely stained on our Move-In Condition report and later found out that the carpet was installed in 2007. Do we have to pay for the full cost of new carpet or the depreciated value? We are being charged for painting, which we did receive permission to paint our living room and we repainted the walls back. The leasing agency is claiming that the paint is bleeding through, but we repainted over a year before the lease ended so it was a pretty thorough job. We also made sure to chalk any large holes, though our dog damaged the trim on two doors. The landlord also contacted the cleaners we hired who provided pictures of Before the home was cleaned.

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

A: Most Justices of the Peace treat all carpet and paint issues as ordinary wear and tear, and the same is true of cleaning, unless the place is particularly dirty. The landlord cannot deduct anything from the security deposit, let alone charge you, for ordinary wear and tear. It sounds like you have a claim against them for refusing to refund the deposit. Gather all your evidence, including the photos, initial inventory, the lease, and any correspondence, and talk to a lawyer in your area.

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