The keys could not be returned on 8/31 because we did not have the landlord's address.
You could have looked up the LL's address on the county property records website at any time during your tenancy.
Their agent refused to deal with the walk through & handover of keys.
Presumably you had the agent's address and could have gone and dropped the keys off with witnesses after having photographed the house before leaving.
The landlord did not send the letter for refusing the security deposit by mail. He emailed it.
The statute says:
"If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions."
92.104 (c) at:
Courts have accepted the validity of emails for years now. It's ludicrous to claim that an email is not a "written" description.
They are calculating the 30 days from the day the walk through was conducted ( 8/4 on their request) and not on 8/31 ( when the lease terminated and the tenants vacated ). So my original question is when does the clock for the 30 days start?
What the heck difference does that make now? It's already going on 42 days or 38 days depending on which way you look at it and you haven't sued yet.
Why would the landlord enter the premises in the absence of the renter if the keys were not handed over?
Landlord has a right of entry even when you are living there. It's limited but it's certainly not limited after you've already moved out.
No, there were no pictures taken either at move in or during walk through.
Unfortunate for you. Especially if the LL took photos within a few days after you moved out.
Bottom line, if you didn't leave the place a mess, then you have the option of suing for your money back. How that plays out is impossible to predict.
However, if the LL is trying to scam you and you aren't willing to file suit, I suggest you just ignore him. If he files a lawsuit, you get to defend.