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You didn't get everyting done by move out date so you can't have the three days you overpaid back!

Posted by Pat Moretti on August 11, 1997 at 22:47:51:

This Texas Tenant gave 35 days days notice to move out. Upon moving out carpets where shampooed, steam cleaned, floors where scrubbed and waxed, closets, cabinets where wiped clean, windows washed and patio swept clean. Landlord inspected apartment with realtor friend two days after move out. Realtor friend called to explain several things had to be taken care of
1. Oven needs cleaning (self cleaning oven)
2. Fire place needs cleaned out.
3. Counter is sticky
4. Carpets need steamed can still see imprint from furniture.
5. Hall closet has some things in it (steamer hose, jacket, yard stick that should have been taken with me but missed it during moving confusion)
6. Storage closet had surf board and gas grill in it. (son did pick it up on time.)
He mentioned something about under sink cabinet repair ( it was supposed to be repaired four years ago when I moved in but landlord didn't do it.)
He also mentioned the master closet rod was off center and had to be repaired. ( I added a shelf and rot to closet, I'm not sure cause I didn't measure it before I left but I had it for four years and never noticed any off center appearance.

I contacted my son and arranged to have the things removed from the closet, storage area and he cleaned the oven, vacumed out the fireplace, removed the black sticky mark (the size of a dime) from the kitchen counter (it was left by the aquarium my son removed after I moved out) with water and a paper towel. I then contacted the landlord and the realtor and explained all was done. They reinspected the apartment and requested the remaining set of keys. I mailed the keys along with a letter explaining my compliance with their request and a request for the deposit plus the three days I had overpaid in the last months rent.(I use a billpayer pc program and the rent is sent out prior to the first of the month. I could not stop the check even though I gave notice on May 24 for June 27.)

The Landlord said she never got the keys and that she would return my deposit when she received the keys. As for the rent she said she wouldn't return the three days because of the delay in getting my stuff out of the apartment and not getting everything done before I moved out.

I complied with all her requests immediately. The delay in completing these items was her notification to me of her requirements for return of the deposit.

Can she keep the over payment of rent?

It is now August 11, she has still not received the letter I sent her. I have traced the letter through the post office but no sign of it. I have now arranged to have the locks changed on the mail box and have the keys mailed to her.

Am I really out of bounds in expecting both the deposit and the three days overpayment to be returned?

Do I have any legal recourse to recover additional funds for the delay and /or hassel this has been?

I would appreciate anyones experience. I can't find anything on overpayment return.


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