Former section 8 tenant suing for $20,000 in “emotional damages”

[baylor3217]

Could you refer the LL here so we may assist her directly?

i did. This is what they asked me to do and they are plugged in on this thread

 

[Taxing Matters]

https://ibb.co/qYP8gdn

Ok I created a link to an image included above in this post.

Ok, that's helpful. Now, was the rental run by a LLC or corporation that the landlord owned, or was it run by the landlord personally, i.e. a sole proprietorship? And if there is a LLC/corporation, who did the ex-tenant sue, the landlord or the LLC/corporation?

What’s odd, is out of fear of the tenant the property manager and landlord returned 100% of the deposit, accepted 100% of the rent as she stayed through the entire lease, and then paid over $10,000 in damages to make ready the home for the next tenant.

If the landlord returned the entire security deposit, what is the claim in the complaint for security deposit about? The tenant cited (though not very well) Texas Property Code section 92.109 which provides that when a landlord in bad faith fails to comply with the security deposit rules the tenant is entitled to three times the amount of the wrongfully withheld deposit +$100 and any attorney's fees of the tenant. But the tenant does not say why they claim the security deposit law was violated or what they are basing the bad faith claim upon. Apparently the total of the security deposit claim is $5,400 (which would be treble $1,800, which I assume is the security deposit amount involved). Plus the $100, that brings the security deposit claim to $5,600.

Then the ex-tenant claims emotional distress damages of $5,000 for the tenant herself/himself and $3,000 each for 3 kids, for a total emotional distress damages of $14,000. There are all kinds of problems for the ex-tenant on this claim, and it's pretty clear the tenant really has no idea what it takes to make a good claim for emotional distress. I don't see the tenant having a realistic shot at this at all. Moreover, the ex-tenant likely cannot sue for damages for his/her kids on his/her own.

 

[Eekamouse]

What sort of damages were done to the property?

 

[adjusterjack]

where does one go to find a lawyer versed in these proceedings? The landlord has no knowledge in this area regarding court proceedings etc

You google landlord tenant lawyer for your city. Come up with a list and start making phone calls.

You never did answer the question about whether the LL had landlord liability insurance.

 

[FlyingRon]

Texas is also not a paritcularly friendly state to pursue "emotional distress" claims. Boyles v. Kerr
855 S.W.2d 593 (1993)

 

[Gail in Georgia]

Will wait to hear from the actual landlord but was the security deposit returned within the required time period for the state of Texas?

Sometimes when received a day or two over the deadline a former tenant might believe they have a sudden "windfall" and can sue for several times the amount of the deposit (although I've never heard a claim that this is because of "emotional distress"). Often a court will then decide the deadline is when the information was sent (i.e., the postmark on the envelope), not received.

Gail

 

[FlyingRon]

Improperly withholding the security deposit IS subject to treble damages in Texas. However, they are not just asking for that. They want nearly ten times damages for emotional distress, which as I said is going to be rough in any state, and Texas shows that people generally don't have any obligation not to cause emotional distress.

Texas is rather specific on security deposit returned. If it wasn't returned promptly or any withholding was not proper (note, for example, that unpaid rent is NOT a valid deduction in Texas), then its an easy win. Of course, if it was returned, they obviously can't collect. If it was returned late, they MIGHT be able to get the treble damages, but that would be reduced by the base deposit that was returned. It appears they're also trying to double-dip on that.