The attempt of Huntington Apartments to withhold security deposits
In April of 2000 I gave my 30 day notice to the Huntington apartment complex where I was living. When I moved out of the apartment I had cleaned and vaccumed the apartment very good. I provided the Huntington apartment complex my new address when I returned both sets of apartment keys and the fitness center electronic card.
A couple months had past and I realized that I hadn't received my security deposit back yet. So I sent a letter to them informing them of my new address and to send my security deposit back. I did not expect all of the $250 back but did expect $150.
A couple of additional months had past and realized that I still had not received my security deposit back. Since I am a Pre-Paid Legal member I called my attorney and explained the situation with him. He told me to first send them a letter demanding the return of my deposit via Certified Mail Return Receipt Requested. I once again informed him that I had already sent them a letter with the request. He told me that was not good enough and that it had to be sent via Certified Mail Return Receipt Requested so that I can prove that they received it. He then told me to call him after 30 days if they did not send the deposit to me.
Once the 30 had past without the return of my security deposit I called my attorney at Pre-Paid Legal. He informed me that my best course of action was to file a claim in small claims. He informed me that according to Title 8, Chapter 92, Section 109 of the Texas Property Code that if "They don't return my security deposit or an itemized list of deductions they are required to pay $100, three times the deposit wrongly withheld, plus reasonable legal expenses necessary to collect the deposit." Below is a copy of all sections pertinent to prove my case. I immediately filed the claim in the small claim court.

When we went before the judge I presented a copy of the letter I sent them with the green card showing that they had received it as well as a copy of the above page. The attorney for Huntington Apartment complex stated that his client used the entire deposit to clean the apartment but apparently had failed to provide me with an itemized list of deductions. Of course I prevailed and received a judgement for over $1400!!!!
Since I am a Pre-Paid Legal member my only cost was my monthly membership fee!!! Without Pre-Paid Legal I would have just forgotten about it. If I would have decided to file a claim in the small claims court without consultation with my Pre-Paid Legal attorney I would have done so without sending the demand letter via Certified Mail Return Receipt Requested so I would not have been able to prove that they received the demand letter with my new address. I also would have filed the claim for the amount of my original deposit rather than the amount allowed by law.
I am so glad to be able to call to speak to an attorney without having to be concerned about the cost.

henner@prepaidlegal.com