Q. I leased a small storefront when I started my art business three years ago. I rented what I could afford realizing that I would not be there long and just needed something to get started. I paid the $1000 security deposit and was always timely with my lease payments. When I moved in the carpet was very old and had a few small stains. Now that I am moving out, the landlord wants to keep my security deposit because the carpet is stained? I told him that it was already stained and frankly was so old, it should have been replaced before I even moved in. Can he keep my security deposit?
A: Texas law specifically states that a landlord is not allowed to retain a security deposit to cover normal wear and tear associated with the tenant’s use of the premises. I would argue that the carpet needed to be replaced regardless of the stains and that the landlord is not entitled to the security deposit. Alternatively, if the carpet can be cleaned and the carpet is usable but for your stains, the landlord may be able to keep the security deposit. In addition, review the terms of your lease to see if any of the fine print addresses this situation. The lease should contain a section about normal wear and tear.
A: Declaring that you have a copyright in your works and reserve all rights puts the average person on notice that you are claiming an interest in your works. Of course, if someone should copy your writings, you may have a possible suit against them for damages. In addition, you may want to specifically register your work with the U.S. Copyright Office. For more information, go to www.copyright.gov. It costs $45 to register each literary work. By registering you are afforded protections and strengthens your case when you must enforce a copyright issue.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
