Question
Judy Garcia recently inherited a $4.7 million estate in Olmos Park from her grandparents. Olmos Park is a wealthy neighborhood in Bexar County, Texas. Garcia
Judy Garcia recently inherited a $4.7 million estate in Olmos Park from her grandparents. Olmos Park is a wealthy neighborhood in Bexar County, Texas. Garcia is a waitress at Tre Trattoria, and she does not earn enough income to pay the taxes on the home. To cover expenses for the property, she reluctantly rents out the main house and lives in a small apartment over the six-car garage. Her first tenant, a performer named Alan Palomo, whose music blends soundscapes and electronica, leased the property for six months at $15,000 per month. The tenancy occurred without incident, except for some odd staining on the ceiling, which required expensive professional cleaning. Garcia returned Palomo's $45,000 deposit in full. Garcia placed an ad for a new tenant on the website Pitchfork. Laurie Anderson, a performance artist and lead singer for the start-up band, Body Pressure, answered the ad. Anderson decided that she needed to live like a rock star in order to gain rock star status. The ad listed the terms at $15,000 per month for a period of six months with a $45,000 security deposit. Anderson was amenable to the published terms, and she contacted Garcia, asking her whether she could bring her cat, Schrdinger. Garcia responded that she would charge a separate $5,000 "pet fee." Anderson agreed over the phone to all of Garcia's terms. To pay for the rental, Anderson used proceeds from a $60,000 advance she received from Nonsuch Records. On move-in day, Anderson signed an agreement, drafted in Garcia's own handwriting, stating: 1. Rent shall be paid in full on the first day of each month; 2. Tenant will pay all utilities; and 3. The deposit shall be returned within six weeks of the completion of the lease terms. Anderson occupied the house without incident for the first month. However, by the first day of the second month, she was unable to come up with the rent. The royalties she had expected to receive did not materialize and she was dropped from her label. Distraught over the end of her musical career, Anderson was unable to vacate the house for thirty days. After Anderson moved out, it took Garcia another thirty days to find a replacement renter, but the replacement renter could only pay $11,000 per month in rent. During that period, Garcia had to repair numerous items including cracked sink fixtures and a broken toilet, and replace eight broken windows and a missing built-in dishwasher. Her contractor charged a flat fee of $5,000 for these repairs. On the same day her new tenant moved in, October 2, 2021, Garcia received a letter via certified mail, return receipt requested from Anderson containing her forwarding address. The letter claimed violation of Texas statues about unlawful retention of security deposits on residential leases. Even though Anderson acknowledged causing the claimed damages to the house, she demanded the full amount of her deposit returned, statutory damages, plus the equivalent of five hours of legal fees she expended in researching the applicable code sections and case law, at a rate of $250 per hour. Garcia wants to return any balance owed on the security deposit. She believes she has six weeks to return the deposit. She intends to include the invoice from her contractor even though the invoice does not describe the work the contractor performed. Garcia wants to know what exact amount, if any, is owed. Please perform legal research and answer her question with reference to the relevant provisions of the Texas Property Code and applicable case law.
Exercise:
Use the standard memo format
Brief Conclusion,
Issue Presented,
Statement of Facts,
Analysis, and Conclusion.
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