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

[baylor3217]

What is the name of your state?texas

Former tenant filed lawsuit claiming $20,000 in emotional damages.

this tenant was section 8. First time ever done that. Absolutely destroyed the property. $15,000 in repairs incurred as a result of damage they did to the property.

new tenant in house now. Old tenant moved to Florida 8 months ago.

received this notice last week claiming $20,000 in emotional and other damages.

what do I do?

 

[FlyingRon]

Attorney time.

 

[adjusterjack]

received this notice last week claiming $20,000 in emotional and other damages.

Wait. Your received a "notice claiming $20,000" or were you served court papers by a process server?

Either way, if you have Landlord's Liability Insurance, you report this to your insurance company. If you don't have that kind of insurance you consult an attorney.

Or, if you weren't actually served a summons and complaint by a process server, you also have the option to ignore the "notice."

PS. Why haven't you sued for the damage to your property? If you are actually being sued, consider counter-suing for the damage.

 

[Taxing Matters]

what do I do?

What exactly is this "notice" that you received? Was it a summons and complaint for a lawsuit? Or something else? If it is summons and complaint, was it filed in a Texas court? Does it name you personally as the defendant? If so, is your rental business done through a limited liability entity (e.g. LLC, corporation, etc)? What is the basis for the ex-tenant's claim of emotional damages and what other damages are sought?

 

[baylor3217]

What exactly is this "notice" that you received? Was it a summons and complaint for a lawsuit? Or something else? If it is summons and complaint, was it filed in a Texas court? Does it name you personally as the defendant? If so, is your rental business done through a limited liability entity (e.g. LLC, corporation, etc)? What is the basis for the ex-tenant's claim of emotional damages and what other damages are sought?

this was delivered to the front door by what appeared to be a policeman. They only said “you’re being sued”

the form indicates a case number filed in small claims court.

Suit is Asking for 3 times deposit plus $100 for $5500

In addition asking for $5000 for herself plus $3,000 per minor (3) for total of $14,000

for a grand total of $19,500

 

[baylor3217]

I can post a blacked out screen shot if that helps to protect the names of those involved

 

[Taxing Matters]

I can post a blacked out screen shot if that helps to protect the names of those involved

That would help.

 

[baylor3217]

That would help.

is there a way to add a photo? I click the photo icon and it says insert http://

 

[baylor3217]

https://ibb.co/qYP8gdn

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

 

[Just Blue]

https://ibb.co/qYP8gdn

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

Who are you in this situation?

 

[adjusterjack]

You need to start studying up on small claims court procedures. The small claims limit was raised to $20,000 last year. Here is plenty of information from the Texas government:

https://guides.sll.texas.gov/small-claims

Also study up on the landlord tenant statutes Chapter 91 and 92:

https://law.justia.com/codes/texas/2019/property-code/title-8/

Whatever county that court is located in go to that website and see if you can find local procedures and instructions.

You need to file your written answer within 14 days of being served the lawsuit.

You can also file a counterclaim for the damage to your property.

https://casetext.com/rule/texas-cou...26-counterclaim-cross-claim-third-party-claim

 

[baylor3217]

Who are you in this situation?

I know the landlord who relayed this story to me.

 

[baylor3217]

You need to start studying up on small claims court procedures. The small claims limit was raised to $20,000 last year. Here is plenty of information from the Texas government:

https://guides.sll.texas.gov/small-claims

Also study up on the landlord tenant statutes Chapter 91 and 92:

https://law.justia.com/codes/texas/2019/property-code/title-8/

Whatever county that court is located in go to that website and see if you can find local procedures and instructions.

You need to file your written answer within 14 days of being served the lawsuit.

You can also file a counterclaim for the damage to your property.

https://casetext.com/rule/texas-cou...26-counterclaim-cross-claim-third-party-claim

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

 

[Just Blue]

I know the landlord who relayed this story to me.

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

 

[Just Blue]

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

https://www.texasbar.com/