The landlord of a rental property has various duties they are responsible for. One of those duties is to determine whether a tenant is entitled to receive their security deposit at the end of their lease term. It is important to understand that while a tenant is entitled to receive their security deposit back at the end of their lease given they didn’t violate the terms of their contract, the “landlord may deduct from the security deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.”
Once that amount is determined, the landlord is expected to notify the tenant with a written itemized statement of the damages, and then provide the tenant with any remaining amount minus those damages. Now, a landlord is presumed to be acting in bad faith when they fail to either “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” of the property [Source: Texas Constitution and Statutes].
And when a tenant is able to prove that the landlord did, in fact, act in bad faith, they are subjected to the following:
- Held liable for an amount equal to the sum of $100.
- Paying three times the portion of the deposit wrongfully withheld.
- Provide the tenant with reasonable attorney’s fees in a suit to recover the deposit.
In the event a dispute arises between a tenant and a landlord such as the case involving Pulley v. Milberger, the case can be brought to court where both sides will need to prove they were abiding by the terms set forth in the contract and are not violating any state laws. In certain circumstances, however, a landlord who has been accused of acting in bad faith may be able to rebut the claim based on how many properties they own.
If you are dealing with an issue involving a tenant and/or landlord and need to retain a lawyer to step in and help, you can always contact attorney Andre DeGarza at 512-988-6807.
Insurance Companies Sometimes Act in Bad Faith Too
The truth is, landlords aren’t the only ones who are sometimes guilty of acting in bad faith. Sometimes, insurance companies and/or adjusters fail to handle a policy holder’s claim properly. Now, it is important that you understand the distinction between bad faith and just a case of a denied insurance claim. An insurer is said to be acting out in bad faith when they delay the processing of your claim or deny it without providing you with a valid reason for doing so,
If your insurer recently denied your claim you sent in for a car or truck accident, contact truck accident lawyer Andre DeGarza who can help you dispute the decision and help get your claim paid.
similar to when a landlord would be accused of acting in bad faith when they fail to provide a tenant with an itemized statement of damages.
Now, if you recently submitted an insurance claim to your insurer for the damage your car or truck sustained in an accident and you are finding that they aren’t processing it or denied it without providing you with a valid reason for doing so, contact a Bastrop, TC truck crash attorney. Andre DeGarza can help you determine if you have a legitimate claim on your hands and help you recover the compensation you are entitled to receive.
You can reach truck accident attorney Andre DeGarza at:
440 Old Austin Highway, Suite 312
Bastrop, TX 78602