Making challenges possible

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 had a tenant move out of her rental and owed her 2 months’ rent and $2,000 in damages. Connie had heard the bad luck stories and he moved in without warning.

Connie had received $1,000 for the security deposit, so her first step is to send an itemized statement of where the security deposit was dispersed. The itemized security deposit ($1,000) statement she 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 Demand for $3,000 (remaining rent and damages). Connie sent the itemized statement and notice of claim by certified mail, 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 deliver the short documents. During this time, the defendant had retained a lawyer. Small claims papers must be served on the defendant and the defendant’s attorney.

Note: Connie had never been in a courtroom, let alone in front of a judge. I received several guardianship calls to prepare her for the court hearing, Connie had the “Move In Checklist” that shows the judge what the rent was like when the defendant moved out. She had her state-approved lease, security deposit letter, demand notice, proof of service, photos, and damage receipts to present. My suggestion was to show one maybe two photos of each of the damage, I receive when the carpet she replaced was purchased. Another tip is to bring a witness to the court hearing when she sues for damages. He may be the property manager, handyman, or business partner.

Trial Day: She presented her case before the Judge and the defendant’s attorney perfectly. The defendant’s attorney came up with a $2,700 settlement on the alleged $3,000 amount; Connie was quick to accept it. She couldn’t believe it.

You have already been paid and have confidently acquired a mountain of knowledge. She Walked Into The Courtroom And Hit A Lawyer! Success story of a landlord who sought training and the old profession of landlord is evolving!


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