Real Estate

Small claims case in Texas

Connie from Dallas became a member of the Collect Back Rent team in January. Connie was a retired teacher who owns 9 rental units. She made a tenant move out of her rent due to 2 months rent and $ 2,000 damages. Connie had heard the bad luck stories and moved out without warning.

Connie had received $ 1,000 per security deposit, so her first step is to submit an itemized statement of where the security deposit was dispersed. The itemized statement of the security deposit ($ 1,000) that you sent to the tenant deducted the $ 1,000 of damages leaving a balance of $ 1,000 of damages. Included in the security deposit letter was a Notice of Lawsuit for $ 3,000 (remaining rent and damages). Connie sent the itemized statement and notice of claim by certified mail with return receipt requested.

After 30 days, the former tenant did not respond, so Connie filed a small claims case for $ 3,000 ($ 2,000 rent, $ 1,000 damages plus court costs). I suggested to Connie that she use a licensed process server to serve the court documents. During this time, the defendant had retained a lawyer. Small claims documents must be served on the defendant and the defendant’s attorney.

Note: Connie had never been in a courtroom, much less in front of the judge. I had several tutoring calls to prepare her for the court hearing, Connie had the “Moving Checklist” showing the judge what the rental place was like when the defendant moved out. He had his state approved lease, letter of security deposit, notice of demand, proof of service, photographs, and receipts for damages to present. My suggestion was to show one maybe two photographs of each of the damages, I received when the carpet that she replaced was purchased. Another tip is to bring a witness to the court hearing when you sue for damages. It can be the property manager, maintenance staff, or business partner.

Court Day: He presented his case in front of the judge and the defendant’s attorney to perfection. The defendant’s attorney reached a settlement of $ 2,700 on the alleged amount of $ 3,000; Connie was quick to accept it. She could not believe it.

You have already been paid and you have gained a mountain of knowledge with confidence. He walked into the courtroom and hit a lawyer! Success story of an owner who sought training and is developing the old profession of owner!