Case over home security deposit non-suited

By John Suayan, Galveston Bureau | Jan 9, 2012

GALVESTON - A Galveston lawsuit over a security deposit was recently non-suited, recent court documents show.

Galveston County Court at Law No. 3 Judge Christopher Dupuy approved Karen Radcliffe and Terry Blair's joint notice of non-suit on Nov. 28, closing the five-month-old case.

Radcliffe sued Blair last July, complaining the landlord refused to return her security deposit to her.

Radcliffe's original petition asserts the plaintiff was entitled to the $975 she put down prior to leasing a home on Galveston's West End from Blair.

The suit claims 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 complaint says.

It adds the respondent drafted the lease with numerous contradictions and acted in bad faith.

Blair entered an original answer and counterclaim to her tenant's allegations in August, accusing Radcliffe of failing to water the yard on a weekly basis.

The documents insist the defendant spent $1,200 to re-sod and re-landscape the property.

Both parties say they do not want to pursue their disputes against one another.

Cause No. 65,602

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