Recovering Tenants

Landlord Tenant Recovery

Tenant Recovery Efforts“Tom” runs a small photography business and rented a house where he lived and ran his business.  While he lived at the property, Tom needed the assistance of the landlord on various occasions, and requested help but never received any.  The landlord told him to deal with the problems or handle them on his own.  Tom did this throughout the lease.

When the lease was up, Tom delivered a 60-day notice letter to the landlord verifying his intention to move out of the property.  Before moving out, Tom took great pains to clean the property thoroughly.  He also trimmed all the bushes around the home, replaced a broken mailbox, and handled the extermination of a nest of rats in the attic of the garage.  Tom even hired a professional cleaning service to clean the carpet of the rental home before he moved out.  Despite Tom’s diligent upkeep of the property and timely notice to vacate, the landlord refused to return his security deposit.

Tom applied with the Dallas Volunteer Attorney Program for help with the return of his security deposit.  Tom was paired up with volunteer attorney Karl Larson.  Karl obtained a default judgment in small claims court for the full amount of the deposit plus treble damages against the landlord and promptly began collection efforts.  A writ of execution was issued and served by the constable.  The landlord eventually paid Tom via a cashier’s check totaling $3,490.70, minus a $158.22 fee for the constable’s services.

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