Austin real estate attorney recommendation? (rental, appliances, how much)

[cpucore]

Looking for a real estate attorney specializing in residential rental disputes.

Thanks.

[CptnRn]

Austin Bar Association Legal Resources

Before you hire someone you might want to look at this free information to verify if it indicates if you are in the right. Sometimes sending a landlord a demand letter and pointing out what the law says is all it takes to resolve an issue.

Austin Tenants’ Council/Tenant-Landlord Brochures

Title 8 Landlord and Tenant of the Texas property Code Property Code

[cpucore]

Thank you for your detailed post.

Unfortunately, I am up against a person who is using his friend/relative lawyer to defraud me of not only my security deposit but also demanding additional money and compensation for litigation fees.

One of the lawyer I met said, after looking at all my documentation, that I am being kidnapped by these thugs. He said that I while have all the documentation and witnesses to refute the charges, it will require me entering trial and cost me more money and headache. He said I should pay the thugs money to get them out of my life. No idea where to go. Cant believe how messed up and costly the judicial system is...

[austin-steve]

How much money is in dispute and what are the circumstances?

If it's JP Court you're being threatened with (under $10K in TX), you don't need an attorney. The JP Court Judges are fairly informal in how they handle the "trial". You basically just tell your side of the story, provide your evidence, put up your witnesses and ask them questions, and the judge will decide.

This is fairly risky for a landlord as the JP Court judges generally will want the landlord's case to be clear and convincing - more than just "he said, she said" in order for them to prevail.

I'd need to know more about your facts before I can offer further info on the likelihood of your outcome. I'm not an attorney but I'm extremely familiar with landlord/tenant law and how the JP Courts operate.

Steve

[cpucore]

Thanks Steve. They have filed a claim for $13K, intelligently enough, so that I must hire an attorney to defend and be worried about not only that amount but the attorney fees (both mine and his) as well.

I have written/plead to Attorney General of Texas and approached various non-profits but have had no luck.

The landlord wants to "settle" for $10K. Even if I could afford that kind of money, I will hate myself to give these thugs a penny of it. My friends and family who are aware of this situation are encouraging me to take the case to trials but I am not financially sound to take that kind of risk... Very confused.

[austin-steve]

What is being alleged? $13K sounds like you terminated the lease early and they've accelerated the rent.

[cpucore]

We did not terminate early. The lease ended perfectly fine. There was inspection from an independent person on the last day (because Landlord was out of town, perhaps intentionally?). Nothing came up in that inspection. We did steam cleaning, full house cleaning etc. I am myself a landlord and understand the cleaning requirements etc.

It was after a month where the landlord came back asking to replace many appliances, claimed all walls had to be repainted, carpets replaced etc etc. Whoever looks at their claims literally laughs. We also hired an independent contractor to assess their claims and after visiting the rental property he said the landlord's claims are unjustified.

What a nightmare.

[sco0437]

Originally Posted by austin-steve

How much money is in dispute and what are the circumstances?

This is fairly risky for a landlord as the JP Court judges generally will want the landlord's case to be clear and convincing - more than just "he said, she said" in order for them to prevail.

I know of no court in the U.S. that uses a "Clear and Convincing" standard for a civil case. Most civil cases are proven based on a preponderance of the evidence.

Burden of proof - Wikipedia, the free encyclopedia


Cpucore,

It sounds like they are alledging that you removed things from the unit?

Check the Texas state statute regarding the time a landlord has to notify you of intention to keep some of your deposit.

You need to obtain local counsel and the clock started ticking once you were served with the summons/complaint. If you do not respond you could receive a default judgment meaning the plantiff automatically wins..

Keep in mind that small claims court , including landlord tenant is very basic and pretty much any attorney can handle this for you.


Good Luck

[cpucore]

Originally Posted by sco0437

It sounds like they are alledging that you removed things from the unit?

No, the claim is that the appliances (cooktop, microwave etc) were damaged and require replacement.

[sco0437]

Were you present at the move out inspection? Did you take pics when you left? Do you have a copy of the report from the inspector stating everything was fine? You really should have that or get a copy.

Why did it take them a month after you left to find out about these so called damages?

If the unit was inspected fine once you left,, then the owner found some damage 1-2 months later, seems like some 3rd party could have done the damage. It should be interesting to see how they plan on proving you did the damage if it was THEIR inspector who did the inspection and everything checked out fine.

Again, you need a local attorney to respond to the claim, take appropriate action and tell them to get lost if there is no merit to their claim.