Mike Marino and Nina Marino v. Althea Hartsfield

Opinion ON REMAND This appeal is again before us due to our prior opinion published at 849 S.W.2d 835, being reversed and remanded for the filing of statement of facts and consideration of all points of error not previously addressed. The following opinion constitutes compliance with our Supreme Court's directive. Factually, August 13, 1988, Mike Marino and Nina Phomin (now known as Nina Marino) leased a home from Althea Hartsfield. Subsequent to entering this lease agreement Mr. Marino, Ms. Phomin, and Ms. Phomin's two daughters moved into the house. Ms. Hartsfield received a security deposit of $675 from Nina Phomin. Approximately five to six months after moving into the house, appellants married. On August 1, 1989, Mr. Marino delivered to Ms. Hartsfield a notice of his intent to vacate the house as of August 31, 1989. On August 31, 1989, Ms. Hartsfield inspected the house with appellants. At this particular time, appellants were doing laundry and still had furniture in the garage. Appellants agreed to come back later and remove the furniture from the garage, mow the lawn, and return the keys. Appellants provided Ms. Hartsfield with their forwarding address which was a post office box. On Saturday, September 2, 1989, Ms. Hartsfield again visited the premises and found that the furniture was still in the garage, the keys had not been returned, but the lawn had been cut. On this same date, Ms. Marino returned to the house, opened the door and let herself in and while there removed some checkbooks from the kitchen cabinets. Ms. Marino left the premises without giving Ms. Hartsfield the key. On Monday, September 4, 1989, Ms. Hartsfield, having become impatient with appellants's failure to vacate the premises and return the keys, hired a locksmith to change the locks and then had appellants' possessions removed. Following appellants' involuntary surrender of the premises on September 4, 1989, Ms. Hartsfield spent in excess of the amount of the security deposit in repairing the damage done to her house by appellants and their children. On October 4, 1989, Ms. Hartsfield provided appellants an itemization of the deductions to the security deposit. Soon thereafter, appellants made demand on Ms. Hartsfield to return the deposit. Ms. Hartsfield refused to comply with appellants' demands. Appellants then commenced this suit against Althea Hartsfield who, in turn, filed counterclaims for her damages.