Getting in touch with a real estate lawyer from Farah Law Firm is the first step in giving you the asset protection you need. Don’t discover the value of such services after the fact.
Oftentimes, landlords are difficult to deal with or, in the case of inexperienced landlords, don’t know or understand the Texas Property Code as it relates to leases and their obligations to tenants. Many times this results in the tenant’s security deposit being wrongfully withheld by the landlord upon expiration of the lease.
Pursuant to the Texas Property Code, a landlord who in bad faith retains a security deposit is liable for an amount equal to $100, three times the portion of the security deposit wrongfully withheld, and the tenant’s reasonable attorney’s fees in a suit to recover the deposit.
In addition, a landlord who does not provide a written description and itemized list of damages and charges, in bad faith, forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises. Also, the landlord bears the burden of proving that the retention of any portion of the security deposit was reasonable.
Moreover, a landlord who, within 30 days of the termination of the lease, who either (1) fails to return a security deposit or provide a written description and itemization of deductions is presumed to have acted in bad faith.
To defeat this presumption, the landlord must prove good faith, i.e., honesty in fact in the conduct or transaction concerned. Pulley v. Milberger, 198 S.W.3d 418, 428-29 (Tex.App.-Dallas 2006, pet. denied). Evidence that a landlord had reason to believe he was entitled to retain a security deposit to recover reasonable damages depends on a number of factors.
“Michael, I would like to express my thanks to you and your entire team for all your hard work in getting my case to a fair and generous settlement. I could not have asked for better legal representation for the long and nerve-racking process of my case. You are very compassionate, nice, and extremely good at what you do. I respect your dedication representing the victims of a personal injury cases.”
“The Farah Law Firm has an extensive knowledge of business entity transactions in Texas and had kept my transaction moving smoothly and in the right direction. Thank you Michael for making the process easy.”
“Michael drafted the lease that we will use for our commercial building. He had great communication, was readily available to answer any questions we had, and was very professional. He wrote us a lease that fit our need and I will definitely work with The Farah Law Firm again in the future.”
“I hired The Farah Law Firm for the non-traditional sale of my residential property. The Farah Law Firm’s professionalism and outstanding knowledge of residential transactions made the sale go smoothly. The Attorneys and staff at the Farah Law Firm were understanding and took the time to explain each step of the process. They will be the ones who I will refer to all my friends and family for any future legal endeavors.”
*Please note: Due to the costs involved and the favorability of land in Texas per contract and common law, we currently are not accepting residential tenant defense cases.
“I was referred to The Farah Law Firm by a friend of mine when I was injured in an auto accident. I am so glad that my friend referred me to Michael and his extremely helpful team. They were not only successful in getting my settlement but also helped me find great doctors to aid in my recovery from the accident. I highly recommend The Farah Law Firm.”