Time limits

[James Robinson]

Jurisdiction

Texas

Hi,
My wife and I used to live in this apartment complex, and we moved out in May 2020 after buying our own home. We gave the office notice we were moving out the required amount of time, and left them with our new address. We had management inspect the apartment when it was time to leave and when they inspected the apartment they said there would be some charges for damages. I asked the manager how much and she said she did not know because she have to calculate the figures and would let me know. I said alright. So it has now been roughly 16 months and we have not received any kind of contact from our old apartment complex in regards to the damages. All this time my wife and I are thinking they decided that the damages were minor and not worth charging or something along those lines, and that is why we were not contacted. 2 days ago my wife and I both received calls from a collection agency trying to collect money for this apartment complex. We both found it unusual since no one ever contacted us from the apartment to let us know how much we owed if anything.

So is there some kind of time limit that people have to file claims against someone in a situation like this? If not shouldn't they have contacted us first and informed us of how much we owed instead of just sending it straight to a collection agency? I do not want this on my credit or even showing it ever went to a collection agency, what are my options at this point?

 

[adjusterjack]

So is there some kind of time limit that people have to file claims against someone in a situation like this?

The LL had 30 days to account for and return all or part of your security deposit.

Read the Security Deposit statute.

Texas Property Code Title 8, Chapter 92, Subchapter C (2019) - Security Deposits :: 2019 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

If your deposit was kept without the required accounting within the 30 days you have a cause of action for triple damages and lawyer fees.

I would also name the collection agency in your lawsuit because you'll want an injunction against further collection.

As for your credit report, the collection account may already be on it so get your credit reports at www.annualcreditreport.com

 

[zddoodah]

After you moved out, did the landlord account for your security deposit?

So is there some kind of time limit that people have to file claims against someone in a situation like this?

It appears the Texas statute of limitations for damage to property is two years.

If not shouldn't they have contacted us first and informed us of how much we owed instead of just sending it straight to a collection agency?

That would have been typical and sensible, but it's not legally required.

I do not want this on my credit or even showing it ever went to a collection agency, what are my options at this point?

Well...the most basic options are to pay or not pay. It seems like calling your former landlord would be a good idea.

 

[James Robinson]

Thank you for the replies but now I am a bit confused. Is the time limit 30 days or is it 2 years? That being asked I have tried to call the former apartment complex and thy informed me that they are a new management company and all these actions took place before they took over so they are not liable. I then asked them if they have contact information for the previous company and all they gave me is an email address. Also they did not account for my security deposit at all.

 

[zddoodah]

Thank you for the replies but now I am a bit confused. Is the time limit 30 days or is it 2 years?

The landlord has 30 days after you surrender possession of the leased premises to provide you with an accounting regarding your security deposit. See "adjusterjack's" response #2 in this thread.

A lawsuit "for injury to . . . the property of another . . . [must be filed] not later than two years after the day the cause of action accrues." Tex. Civ. Prac. & Remedies Code section 16.003(a).

So...you may have a claim against the landlord for failing to account for your security deposit, and your landlord may have a claim against you for damage to the premises in excess of your deposit.

 

[James Robinson]

Ah, okay, thank you for clearing up my confusion.

 

[adjusterjack]

The management company might not be the owner of the building. Whatever the former management company did was sanctioned by the owner of the building. It's the owner that you have to find and go after.