Pulley v. Milberger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that absent rebutting evidence, “the presumption that the landlord acted in bad faith compels a finding of bad faith”
• noting that evidence that landlord has reason to believe that entitled to retain security deposit to recover reasonable damages or evidence of “extensive damage” may be sufficient to defeat bad-faith presumption
• evidence of no damage prior to move-in and installation of new carpet several months prior to move-in sufficient to support finding of reasonableness of charges
• no bad faith where evidence showed amateur landlord believed he was entitled to retain portion of deposit for extensive damages caused by tenant
• “When a landlord is sued under section 92.109(a), the landlord has the burden to prove that the retention of the security deposit was reasonable.”
• “To defeat the presumption of bad faith, the landlord must prove his good faith, i.e., honesty in fact in the conduct or transaction concerned.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

80 cases in this archive cite this case; the 20 most cited are listed.

• CA PARTNERS v. Spears
  Tex. App. Ct., 14th Dist. (Houston)· 2008-12-18· cited 166×
• Walker v. Anderson
  Tex. App. Ct., 5th Dist. (Dallas)· 2007-08-29· cited 116×
• Fulgham v. Fischer
  Tex. App. Ct., 5th Dist. (Dallas)· 2011-07-29· cited 95×
• Sparks v. Booth
  Tex. App. Ct., 5th Dist. (Dallas)· 2007-08-28· cited 63×
• Bufkin v. Bufkin
  Tex. App. Ct., 5th Dist. (Dallas)· 2008-07-25· cited 46×
• Williams v. Colthurst
  Tex. App. Ct., 11th Dist. (Eastland)· 2008-04-03· cited 39×
• Aland v. Martin
  Tex. App. Ct., 5th Dist. (Dallas)· 2008-11-25· cited 38×
• Principal Life Insurance Co. v. Revalen Development, LLC
  Court of Appeals of Texas· 2012-01-23· cited 35×
• Calce v. Dorado Exploration, Inc.
  Tex. App. Ct., 5th Dist. (Dallas)· 2010-03-29· cited 33×
• Thornton v. Dobbs
  Court of Appeals of Texas· 2011-07-29· cited 33×
• Affordable Power, L.P. v. Buckeye Ventures, Inc.
  Tex. App. Ct., 5th Dist. (Dallas)· 2011-07-11· cited 29×
• TLC Hospitality, LLC v. Pillar Income Asset Management, Inc.
  Tex. App. Ct., 12th Dist. (Tyler)· 2018-03-15· cited 24×
• Bledsoe Dodge, L.L.C. v. Kuberski
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-04-20· cited 17×
• Powerhouse Productions, Inc. v. Scott
  Tex. App. Ct., 5th Dist. (Dallas)· 2008-08-08· cited 16×
• Doyle v. Kontemporary Builders, Inc.
  Court of Appeals of Texas· 2012-05-08· cited 16×
• Weaver and Tidwell, L.L.P. v. the Guarantee Company of North America, USA
  Tex. App. Ct., 5th Dist. (Dallas)· 2014-04-08· cited 14×
• Van Marcontell v. Jacoby
  Tex. App. Ct., 5th Dist. (Dallas)· 2008-08-06· cited 13×
• Shamoun v. Shough
  Court of Appeals of Texas· 2012-06-07· cited 11×
• Bossier Chrysler-Dodge II, Inc. v. Riley
  Tex. App. Ct., 10th Dist. (Waco)· 2007-05-15· cited 10×
• ECF North Ridge Associates, L.P. v. ORIX Capital Markets, L.L.C.
  Tex. App. Ct., 5th Dist. (Dallas)· 2011-04-19· cited 10×

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

• City of Keller v. Wilson
  Texas Supreme Court· 2005-06-10· cited 10,088×
• Cain v. Bain
  Texas Supreme Court· 1986-02-12· cited 4,555×
• Ortiz v. Jones
  Texas Supreme Court· 1996-04-12· cited 1,343×
• Croucher v. Croucher
  Texas Supreme Court· 1983-11-02· cited 1,105×
• Marathon Corp. v. Pitzner
  Texas Supreme Court· 2003-05-22· cited 472×
• Gorman v. Life Insurance Co. of North America
  Texas Supreme Court· 1991-03-27· cited 200×
• Carter v. William Sommerville and Son, Inc.
  Texas Supreme Court· 1979-06-27· cited 178×
• Case Corp. v. Hi-Class Business Systems of America, Inc.
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-03-14· cited 175×
• Compass Bank v. MFP Financial Services, Inc.
  Tex. App. Ct., 5th Dist. (Dallas)· 2005-01-12· cited 119×
• Barnett v. Coppell North Texas Court, Ltd.
  Tex. App. Ct., 5th Dist. (Dallas)· 2004-01-29· cited 114×
• Z.A.O., Inc. v. Yarbrough Drive Center Joint Venture
  Tex. App. Ct., 8th Dist. (El Paso)· 2001-02-08· cited 84×
• Hailey v. Hailey
  Tex. App. Ct., 1st Dist. (Houston)· 2004-08-26· cited 83×
• Texas Farmers Insurance Co. v. Cameron
  Tex. App. Ct., 5th Dist. (Dallas)· 2000-08-21· cited 77×
• Churchill Forge, Inc. v. Brown
  Texas Supreme Court· 2002-01-10· cited 51×
• Gregory v. Sunbelt Savings, F.S.B.
  Tex. App. Ct., 5th Dist. (Dallas)· 1992-06-19· cited 49×
• Ebby Halliday Real Estate, Inc. v. Murnan
  Court of Appeals of Texas· 1996-03-14· cited 38×
• Wilson v. O'CONNOR
  Court of Appeals of Texas· 1977-08-23· cited 37×
• Dallas County v. Holmes
  Tex. App. Ct., 5th Dist. (Dallas)· 2001-12-05· cited 31×
• Mary Kay Inc. v. Woolf
  Tex. App. Ct., 5th Dist. (Dallas)· 2004-10-20· cited 24×
• King's Court Racquetball v. Dawkins
  Tex. App. Ct., 7th Dist. (Amarillo)· 2002-01-03· cited 18×