small claims for landlord

[trio3b]

Texas. Tenant skipped. No forwarding address. Owes money for rent and damages. Have signed lease and pics before and after of property damage. Sent tenant all notices to vacate, abandoned property, acceleration of rent and lockout forms (after the fact of course, just to cover myself).

If I file in small claims court, I am pretty sure I will prevail in the back rent but will the judge award me for the repair of the property damages if I do the work myself or do I have to get a contractor? I have had lots of trouble with contractors and prefer to do the work myself. Also, it takes too long. I can have the repairs done faster and better myself. Is my time worth anything?


Thanks

 

[Baranov]

Some states will not credit you for work done yourself, but I don't see a problem with you being compensated for supplies and costs of repairs. Talk to a local landlord association in your area.

 

[trio3b]

thanks. Also since there is no forwarding address will I be able to use his last known address (my property)? Or do small claims require his current address?

Thank you

 

[Gail in Georgia]

You need to think this through...

Your tenant needs to be served to be able to respond to this lawsuit. You don't know their current address. Say you go ahead, pay the fees for filing, have the serving done at your old place; no response from the tenant, no show at the court hearing; you win the judgement by "default".

What then? How do you plan on collecting what you've been awarded? The court only awards the judgement, they don't collect the money. Are you planning to look into wage or bank garnishment? Do you know where they work or their bank account?

Often court judgements don't go any further than the person getting the judgement having the satisfaction of "winning" without the financial reward for doing so.

Gail

 

[trio3b]

I guessed as much that I will win by default and I know that courts only award judgement. I also understand that actually collecting is difficult, but I've had enough of being lenient on tenants. (yes I did check their previous history)

I believe I can file an abstract of judgement at the court house. I have been told that if I can get this into their credit report I might collect, even years later when they want to buy a house or car.

 

[trio3b]

Landlord small claims

Been advised by attorney to file for eviction even though they're gone. I couldn't understand the rationale. Apparently this is the only way I can sue for damages and for accelerated rents under the terms of the lease , which is technically still under effect.

Can anyone enlighten as to why I should file for an eviction even though they are long gone? Don't have any forwarding address. But he said to list as many addresses as possible for the server ( my rental address, the tenants work address.... something about maybe the suit will "take").


Please, I understand I probably won't collect actual cash, but if i can get something on to their credit , I've been told that sometimes people receive a nice check 5 yrs later when the tenants damaged credit needs to be repaired for purchase of a home, etc.

 

[Gail in Georgia]

Your attorney has explained the rationale for going through the eviction process even though they have left. Besides the second filing for damages/owed rent, filing for eviction gets the rental unit legally back into the hands of the landlord.

Whether landlords choose this route is often dependent on the filing fees involved in the process. If significant, many landlords do not bother filing, lick their wounds, repair the damages and go about the business of rerenting the unit.

Since a judgement is good for a number of years, there are cases where a former tenant has been "found" down the road and monetary avenues such as wage or bank garnishment can still be initiated.

Gail

 

[trio3b]

OK, here's the part that make absolutely no sense. In order to legally give me possession of my property back, I need to file an eviction, but the JP has said they will not serve an eviction unless the tenants who are long gone can be served in person, so essentially the eviction is purely a legal construct that has no bearing in reality for landlords whoses tenants have skipped. I guess this works for tenants who refuse to leave, but not for me.



Thanks

 

[Gail in Georgia]

Double check that this serving has to actually be done in person. Typically the notice will be provided via "tack and mail"; a copy of the request for the "forcible detainer" suit (Texas' version of an eviction) is mailed and left on the door of the rental unit if no one is home. If tenants do not respond within the required time period the landlord then goes back to the clerk of court to request the default judgement.

If all else fails, have a friend (or yourself) present at the rental unit to accept the notice if the JP will not leave it without someone being present.

Tenant Eviction in Texas

Gail

 

[trio3b]

Yes, double checked with JP and with an attorney. The eviction must be filed in person. This makes absolutely no sense whatsoever. What I don't understand is that all other notices such as intent/actual lockout or notice to vacate are apparently acceptable in court if plaintiff (me) provides proof of certified return receipt and yet the most important notice of all needs to be served in person.


2. SERVICE OF CITATION. Plaintiff requests service of citation on defendant(s) by personal service at the above-described premises
or by alternative service, if necessary. Any work addresses or other addresses of defendant(s) known to plaintiff are as follows:

This is off the eviction complaint. It clearly states that the service of citation to be at the premises described which will be the rental address and other address of defendants known to me (which are none). Don't these JPs and attorneys know what this section of the complaint means or am I missing something?

The only explanation i can come up with is the girls in the JP office may have thought I was talking about small claims court because I did mention that in reference to collecting damages, but the attorney was definitely told that this is an eviction.

I am going to triple check if indeed it is a "tack and mail" which makes sense as you suggest.

According to the JP eviction help info:


WHAT DOES THE JUDGE NEED TO KNOW?
THE ONLY ISSUE in an eviction suit is the right to ACTUAL POSSESSION of the premises. A suit for
back rent may be joined to a suit for possession. If there is no judgment of possession, there can be
no recovery for back rent (and the landlord must seek back rent and other amounts through a
separate lawsuit or other avenues).
Most uncontested suits for eviction (called “default&#8221 are quite short—5 minutes or less— and a tool is
available to help organize your presentation. The landlord or property owner must prove:
�� The basic terms of any written or oral agreement,
�� How the agreement was breached,
�� That PROPER notice was provided to the tenant before suit was filed;
�� That the tenant refused to vacate according to the notice given; and
�� The amount of any delinquent rent owed
�� Late fees (only if stated in agreement) or other charges included
�� Pro-rated through the date of the judgment (not to the end of the month)
�� That the tenant is not in the armed forces on active duty (See SCRA below).
In contested matters, the landlord/Plaintiff must prove their case with a “preponderance of the evidence” –
the “greater weight” of the evidence in order to prevail when the tenant/Defendant disputes the landlord’s
right to regain possession of the premises occupied by the tenant.



I believe I can fulfill all these points and I assume that since there is reference to delinquent rents and late fees that these rents are addressed in the eviction complaint, but there are no references to damages. How do I "join" this with a suit for damages or does this need to be done after possession is granted back to me?

This will cost me $225 and I understand that nothing may come of it but am willing to experience the experience for an education. Is it possible that the attorney thought I meant that filing for damages in small claims court defendant must be served in person?


Thanks