Landlord files counterclaim in security deposit litigation

John Suayan, Galveston Bureau Aug. 22, 2011, 11:33am


GALVESTON - A landlord sued over a security deposit last month recently filed an original answer and counterclaim.

In court documents filed Aug. 5 in Galveston County Court at Law No. 3, Terry Blair formally denies Karen Radcliffe's allegations and accuses the plaintiff of violating a clause in their lease agreement.

As previously reported, Radcliffe filed suit against Blair on July 11 to recover a $975 security deposit.

Radcliffe claims she fulfilled all of her requirements in connection to a residential lease agreement in effect from April 15, 2010, to April 30, 2011, but the landlord refused to return the deposit.

"The plaintiff has complied with all requirements of the lease including leaving the property in a clean and orderly condition, providing proper notice to the defendant of termination and all other duties and obligations required of her lease," the suit says.

She also accuses the defendant of drafting the lease with numerous contradictions and acting in bad faith.

Blair counters that Radcliffe disobeyed the agreement by failing to water the yard on a weekly basis, claiming "the entire yard was dead."

The defendant says she had to spend $1,195 to re-sod and re-landscape the property.

Attorney Kathy Ann Terry of Houston is representing the defendant.

Cause No. 65,602

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