Qs about Dates and Bad Faith - WORLD Law Direct Forums

Quote:

Thanks. I need a clarification regarding surrender. I was told that the 30 day time frame starts on the day the property is vacated. I was told by another source that the surrender occurs when the key is surrendered and the forwarding address is given. We surrendered the keys and gave the forwarding address on the date set by the landlord and not when we vacated . Which one is correct in Texas? The landlord has been communicating via email and has did not use US postal mail to send the letter. Is that an issue also? The lease did not convert to a month to month lease since they had given us a notice in July that it was terminating on aug 31 and would not be renewed.We moved out in Aug as per the lease terms.

Normally, possession is returned the LL when the tenants actually vacate. However, since the tenants retained the keys until asked for them by the LL, they retained access to and possession of the rental unit until those keys were returned. That would make 9/4 the surrender date. That ALSO means that the LL can legally charge rent for the additional days that the tenants retained possession of the rental unit.

As for attorney fees and costs, unless the lease specifically states that the tenant can be charged those costs as a result of any dispute arising from the terms of the lease, then that is NOT something they (LLs) can automatically charge or deduct from the security deposit.

Last, but not least, with regard to the communication between LL and tenant, email is often acceptable, but not always considered effective as legal evidence. The reason that mail is preferred is because you can request signature confirmation of the delivery and receipt of those documents. There are some programs that provide a delivery and read receipt, but the courts still don't always accept them. The whole point here is that there needs to be actual documented confirmation that the communication has taken place, and delivery/read receipts provide this confirmation.

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Source: http://www.worldlawdirect.com/forum/landlord-vs-tenant-issues/66235-qs-about-dates-bad-faith.html

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