Please I’m in need of an attorney in Houston. The house owner of the property I used for Airbnb , the house owner has refused to return my security deposit of 3,000$

[Tamica5]

"Please, I need help with a lawyer in Houston. My lease  with a house owner has ended  a month ago. I cleaned his property and sent him pictures, and he stated he would send me my security deposit of $3,000 in 30 days. Finally, he was supposed to send my deposit tomorrow, but all of a sudden he is saying he can’t give me the security deposit.". Please I will appreciate if anyone can recommend an attorney in Houston . 

[Frances3408]

@Tamica5. Before you engage an expensive attorney you should check whether sub letting was permitted in your lease and if it required landlord consent, or are there other reasons why he might try and withhold your security deposit?

Also, is there a not for profit rental association in Houston that might be able to help, or a govt department  that regulates leases?  I found this on Google, no idea if its current but may be a start:

https://houstontx.gov/housing/fair-housing/flyers/2021/english/FH-Hotline-Renters-Flyer-Final-V2-081...

I am a landlord here in OZ and in our state you must now lodge your tenants bond online with the government. At end of lease both parties can make a claim so if in dispute the govt tribunal steps in which is free for tenants, but landlords pay to apply. I think its fair.

I would never give a bond directly to a private landlord if I had the choice.

Good luck.

[Tamica5]

Thanks so much Frances, I appreciate. Sub leasing is allowed in the area and county. My lease ended with the house owner a month ago . While waiting for my security deposit to be sent . But he now claims he won’t give back my security deposit.

[Helen3]

There should be X a legislation in your location that covers  return of your deposit. What does it say in your lease? @Tamica5 

Check the legislation before engaging an attorney 

[Tamica5]

Hi Helen thanks for your response, his reason. For holding the deposit is because he claims the lawn wasn’t clean , I left his property 1 month ago and it’s just now a day before he is to send me a refund before he is giving all these complains . 

[Helen3]

What does the tenancy legislation say re deposit. Did you not meet the landlord on check out to go over the condition of the property? Did you take photos? 

@Tamica5 

[Tamica5]

Yeah I took photos a sent to him but he didn’t say anything . Till a day before he is to send the deposit. He is based out of state an hasn’t gotten any one to lease the property to that’s why he us putting everything on me

[Joan2709]

Hi @Tamica5 

Good advice from other Hosts already...

Did you take photos of inside and the outside (including the lawn he is saying wasn't clean?). $3000 is alot to withhold for lawn cleaning/maintenance. Did he provide receipts as to the cost of "lawn cleaning"? If not, many states do not allow the landlord to withhold a deposit without proper accounting to the tenant. 

If the lease you signed is not legally valid in the State of Texas, then you have some recourse. If you have legitimate concerns about what this Host is doing, you can always contact Airbnb. That said, Airbnb will not arbitrate between a Host and guest if you signed a lease agreement off the Airbnb platform. 

I would start by reviewing what your rights are under Texas Law as a tenant:

https://guides.sll.texas.gov/landlord-tenant-law

Deposits:

https://guides.sll.texas.gov/landlord-tenant-law/security-deposits

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.109

"(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith."

Texas Legal Aid Society For Advice

https://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalResources/Tenant_Landlord_Reso...

[Elisa]

Hi @Tamica5 😊

Remember to mention other Hosts when you reply to them! 

💡 If you'd like to tag members in your comments for them to get a notification of your message, simply press on @ in your keyboard, and the name of the person you are trying to reach should pop up 😊 (In this case @Helen3 and @Frances3408 ).

I just tagged them for you!