Clear Choice Properties

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My sons rented a house at 15209 Ora Ln in Pflugerville, Tx from 08/01/11 to 07/31/12.

All three of my sons work in property management (maintenance & make ready) for Greystar Properties and they know how a property is supposed to be maintained and managed. They moved into the house, a make-ready was not done. The carpets were dirty, the house was full of roaches, the house was dirty. I spent hours cleaning the house on the day of move-in. When Judi Clear of Clear Choice Realty came to the house to leave the keys and lease, I spoke with her, in front of our Realtor, Anthony Wertz. When our mother expressed to Ms. Clear how the condition of the house was really bad, she laughed it off and said "Yeah, we should have done a make ready on it, but it just slipped through the cracks." There was never any offer at that time from Ms. Clear to have the house cleaned that day or have pest control come to treat the house for the roaches, nor did she apologize for the condition of the house. Ms. Clear was given an amended copy of the check-in inventory by me on 08/01/11. We never received a signed copy back from them. We were informed that her son, Chase Clear was the property manager, however she stated that his "day job as an IT tech could make him unavailable at times" However at no time during the conversation did Judy Clear say that we needed to report the condition of the house to Chase Clear. We have the move-in inventory to show that the carpets were dirty, most areas of the house were dirty, the stove and oven were disgusting and the house was full of roaches. While in the process of moving out, we had the carpets deep cleaned and cleaned the entire house and left it in better condition than it was received and without roaches. When Chase Clear inspected the house, he told us, in front of our realtor, Anthony Wertz, that the house looked great and we would get our deposit back. Chase did not during the check-out process take any pictures of the interior of the house, point out any problems, mention anything about charges, nor bring with him the check-in inventory to verify what items were noted at the time of move-in. A landlord may not charge for items/problems that were noted on the initial check-in inventory. The check-in inventory is for the protection of the tenant as well as the landlord. The boys received the deposit check for $450 out of the $1150 deposit along with an itemized list (which is also enclosed) stating that the carpets were dirty ($200) and the walls had dark scuff marks and almost every wall needed to be painted ($500). There were no dark marks on the walls at the time of move-out. According to the lease and according to Texas Property Law - Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING - Item b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. There was no significant damage to the walls of the house such as gouges, holes, etc. other than normal wear and tear. When Chase was called on 09/04/12 to dispute the charges - he said that if we wanted pictures and receipts to justify the charges and to show the condition of the house prior to move in, and after move-out we would have to subpoena them and take Clear Choice to small claims court to try and get the rest of the deposit back. According Texas Property Law - Sec. 92.109. LIABILITY OF LANDLORD: (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.

A complaint with the Texas Attorney General, BBB, Property owners & Texas Real Estate Commission has been filed

i asked the woman who answered the phone if she could give me some information about her business and her exact words were "no, i don't have time" ........ WHAT?!!?!?!