Texas landlords have the right to sue tenants for unpaid rent damages. This is the case even after your tenant vacates the property.
But whether it is a good idea to sue your tenant is something you should examine closely. Learn more about how to determine if suing your tenant is a risk worth taking.
Landlords Should Never Sue Tenants for Unpaid Rent in a Justice of the Peace Courts
Texas Justice of the Peace Courts are often the go-to courts for Texas landlords. JP Courts are intended for self-represented litigants. The problem with them, though, is that they give your tenant an unrestricted right to appeal to a County Court at Law. But this isn’t the type of appeal that reviews the trial. It is an appeal de novo. This means your tenant gets an entirely new trial. Your tenant need only file a one-page notice of appeal and pay the filing fee (or sign an affidavit to get the fee waived) to get the Justice of the Peace’s judgment vacated.
As long as your tenant owes you more than $500.00, you have the right to start the case in the County Court. So why not ensure you avoid having a second trial?
You Probably Want to Know If You Will Win….
I can’t give you a direct answer to this question. Texas law does not allow lawyers to give or even imply a guarantee of results. I can, however, speak to you in terms of probabilities.
If you have a written lease agreement with your tenant and a rent ledger, you have an excellent chance at obtaining a judgment from your tenant. With such evidence, you leave very little wiggle room for the tenant. Texas law permits very few lawful justifications for tenants to withhold rent.
If you do not have a written lease agreement, you are very likely wasting your time by pursuing your tenant for past, unpaid rent. If you had a contract for deed or a lease purchase agreement, you should not pursue one of these cases at all. It is more than likely to backfire on you in a bad way.
Why Using an Experienced Landlord Attorney Is So Important
Texas law permits the prevailing party in a contract dispute to recover damages in the form of attorney fees from the losing party. Because your written lease agreement is a contract, you have this right, too. So, to some degree, you don’t have a lot to lose by hiring an attorney on one of these cases.
You need someone on your side who understands the Texas Rules of Civil Procedure. An expert’s understanding of these rules can avail to you the possibility of finishing out your case in only a few months as opposed to more than a year. There are shortcuts to litigation. An experienced attorney will know them and know when it is best to use them.
Finally, the cost of hiring an attorney on one of these cases is probably nowhere near as bad as what you might think!
I would welcome an opportunity to see if your case might be a good fit for my firm. Please give me a call at (817) 835-9410.
As an expert in landlord-tenant law, particularly within the context of Texas regulations and legal proceedings, I possess comprehensive knowledge and hands-on experience in navigating the complexities of tenant-landlord relationships, lease agreements, legal proceedings, and the intricacies of Texas Justice of the Peace Courts.
The article you've referenced delves into the legal aspects surrounding a landlord's right to sue tenants for unpaid rent damages in Texas. I can offer a breakdown of the concepts and elements discussed:
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Landlord's Right to Sue Tenants for Unpaid Rent Damages: Under Texas law, landlords have the legal right to pursue tenants for unpaid rent damages even after they vacate the property. This includes the option to file cases in Texas Justice of the Peace Courts.
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Texas Justice of the Peace Courts: These courts are typically utilized by landlords for cases involving tenants. However, one drawback highlighted in the article is that while these courts are accessible for self-represented litigants, they grant tenants the ability to appeal to a County Court at Law. The appeal process here allows for a new trial (appeal de novo), potentially prolonging the legal proceedings.
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Strategic Considerations: The article emphasizes the strategic decisions landlords should consider before initiating legal action. It discusses the risk associated with appealing to higher courts, the importance of having strong evidence (like a written lease agreement and rent ledger), and the potential futility of pursuing cases without proper documentation.
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Role of Legal Representation: Hiring an experienced attorney specializing in landlord-tenant disputes is highlighted as crucial. Texas law allows the prevailing party in a contract dispute to recover attorney fees, so landlords have a financial incentive to engage legal representation. Moreover, an attorney well-versed in the Texas Rules of Civil Procedure can expedite the legal process, potentially resolving cases in a shorter timeframe.
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Costs and Considerations: Contrary to common assumptions, the cost of hiring an attorney for such cases might not be as prohibitive as presumed, especially considering the potential benefits and the ability to recover legal fees if successful.
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Contact Information: The article concludes by inviting landlords to seek legal counsel and contact the author's firm for a case evaluation.
Understanding these concepts requires a nuanced grasp of Texas landlord-tenant law, legal procedures, contractual obligations, and the strategic considerations involved in pursuing legal action against tenants for unpaid rent damages in Texas. As an expert in this field, I am well-versed in these matters and can offer guidance to landlords navigating such complex legal scenarios.
