{"id":10759,"date":"2018-06-12T16:12:17","date_gmt":"2018-06-12T22:12:17","guid":{"rendered":"http:\/\/girlinglaw.com\/?page_id=10759"},"modified":"2023-05-23T01:13:38","modified_gmt":"2023-05-23T01:13:38","slug":"we-sue-tenants-rent-recovery","status":"publish","type":"page","link":"https:\/\/girlinglaw.com\/independent-rental-owners\/we-sue-tenants-rent-recovery\/","title":{"rendered":"We Sue Tenants \u2013 Rent Recovery"},"content":{"rendered":"

Texas landlords have the right to sue tenants for unpaid rent damages.\u00a0 This is the case even after your tenant vacates the property.<\/p>\n

But whether it is a good idea to sue your tenant is something you should examine closely.\u00a0 Learn more about how to determine if suing your tenant is a risk worth taking.<\/p>\n

Landlords Should Never Sue Tenants for Unpaid Rent in a Justice of the Peace Courts<\/strong><\/h2>\n

Texas Justice of the Peace Courts are often the go-to courts for Texas landlords.\u00a0 JP Courts are intended for self-represented litigants.\u00a0 The problem with them, though, is that they give your tenant an unrestricted right to appeal to a County Court at Law.\u00a0 But this isn\u2019t the type of appeal that reviews the trial.\u00a0 It is an appeal de novo<\/em>.\u00a0 This means your tenant gets an entirely new trial.\u00a0 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\u2019s judgment vacated.<\/p>\n

As long as your tenant owes you more than $500.00, you have the right to start the case in the County Court.\u00a0 So why not ensure you avoid having a second trial?<\/p>\n

You Probably Want to Know If You Will Win\u2026.<\/strong><\/h2>\n

I can\u2019t give you a direct answer to this question.\u00a0 Texas law does not allow lawyers to give or even imply a guarantee of results.\u00a0 I can, however, speak to you in terms of probabilities.<\/p>\n

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.\u00a0 With such evidence, you leave very little wiggle room for the tenant.\u00a0 Texas law permits very few lawful justifications for tenants to withhold rent.<\/p>\n

If you do not have a written lease agreement, you are very likely wasting your time by pursuing your tenant for past, unpaid rent.\u00a0 If you had a contract for deed or a lease purchase agreement, you should not pursue one of these cases at all.\u00a0 It is more than likely to backfire on you in a bad way.<\/p>\n

Why Using an Experienced Landlord Attorney Is So Important\u00a0<\/strong><\/h2>\n

Texas law permits the prevailing party in a contract dispute to recover damages in the form of attorney fees from the losing party.\u00a0 Because your written lease agreement is a contract, you have this right, too.\u00a0 So, to some degree, you don\u2019t have a lot to lose by hiring an attorney on one of these cases.<\/p>\n

You need someone on your side who understands the Texas Rules of Civil Procedure.\u00a0 An expert\u2019s 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.\u00a0 There are shortcuts to litigation.\u00a0 An experienced attorney<\/a> will know them and know when it is best to use them.<\/p>\n

Finally, the cost of hiring an attorney on one of these cases is probably nowhere near as bad as what you might think!<\/p>\n

I would welcome an opportunity to see if your case might be a good fit for my firm.\u00a0 Please give me a call at (817) 835-9410.<\/p>\n<\/div>

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