Would a tenet win a case against Landlord in Texas if they do this?

Question

I rented a home in Sept of 2013. The deposit was $1200 the previous tenets left the house with a few issues regarding mess. But we reported to our landlord all of the things that needed fixing within the first month. Instead of using our money to go hire a professional, she used family members.

Most of the issues like ceiling fan not working, dishwasher not working, and few others were never property fixed so it was left as so. We stayed the full year and in all honesty, kept the house in great condition. We were allowed to put frames on the wall and use if needed, nails and what not to hang them. Our landlord gave us full permission. But again kept it in perfect condition.

Well, once are contract was reaching its end we worked for weeks trying to move our stuff out and clean the house as good as possible. We failed to take pictures of how the home looked as we moved out. 
Well, I would say 30 days after our landlord sent us a list, she shorted us on our deposit she gave us back 465$ instead of 1200. She along with the check sent us a list of items that were damaged. She sent it without prices it was just a list and she even wrote the address to the house wrong and spelled items wrong. Some of the items were holes(from nails) air filter was dirty(its a 90 day filter, that was left in good condition), curtain rod was missing(belong to me), water hose missing(was bought by me). Most of the items were rather small items that could of been fixed the cheapest way.

northshore07 · Answer

We asked for proof and sent a letter letting her know we were taking her to court. It took her about maybe 2 weeks until she finally sent us a letter with pictures. However, she admitted she took the pictures after the new tenets moved in. There is a few pictures with the items of the new tenets. The pictures do not have the date of when she took the pictures. So, its possible the new tenets caused damage. The landlord visited our home a few days before we left and was happy with how we left the home and while we were already moved out the real estate agent even said it was in great condition. On the pictures the ways looked like the were peeled apart and the holes were nail hole not huge like she explained. This is damage mostly caused by the new tenets. So is there a chance I could win my money back in the state of Texas?

BBG · Answer

I don't think you'd win.

Just because the landlord gave you permission to hang things on the wall doesn't mean you won't have to pay to repair the holes in the walls.    Do you have the permission in writing?  Does it say, "Yes you can put nails in the walls and I (the landlord) will pay to repair the holes after you move out?"

And when you replace something that's broken the thing you buy STAYS WITH THE HOUSE unless you keep the original broken item and put it back when you leave.

For example, if you threw away an ugly or non-functioning curtain rod and purchased a new one, it stays with the house or you have to keep the old one and put it back when you move out.  Same with the hose, etc.

And if you want to prove you bought them you will need to show the judge a receipt.

Slickterp · Answer

They don't use your security deposit to hire anyone, they hold that money.

Was there a hose there when you moved in?  If yes, there needs to be a hose there when you left.  Same for curtain rod, regardless of whether you bought them or not.  Nail holes common, they need to fix those.

Anonymous · Answer

said you could put pictures up....you could have used the things not nails...you put holes...gotta spackle every hole and repaint every room...you will lose

Would a tenet win a case against Landlord in Texas if they do this?

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