房东被告实例2-租客签完租约不租的定金纠分（转帖于投资理财论坛）

房东被告实例2-租客签完租约不租的定金纠分（转帖于投资理财论坛）

如山整理

（2009年10月2日）

来源: 随意1 于 09-09-29 14:35:45

I am sued by tenant. Please Help me!

One applicant signed a TX Standard Residential Lease with $500 deposit on 10/15/08 for moving in my rental property by 11/1/08. She also signed an agreement to pay $550 deposit on 10/24/08 to get keys (rent is $1050). She changed mind for not want to occupy the dwelling and asked $500 back on 10/24/08. I agreed to refund her $500 if she or I would replace a tenant by 11/01/08. Actually I received her written notice in the first week of November. Unfortunately, the new tenant moved in the house in the mid-December.

Security Deposit defined in the Lease and TX Property Code $92.102 is "A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered by a landlord and a tenant." Since she had signed the Residential Lease and paid the deposit, she should not ask deposit back if she broke the lease, according to TX Property Code $92.102, $92.1031 and $92.104. So I did not return the deposit to her.

However, I have received a citation from the county court for I am sued by this tenant yesterday. I need to file a written answer to plaintiff's petition within 10 days. I have her application, Residential Lease, her written notice, my reply letter, and new lease for new tenant, etc. in hand.

I never had experience to deal with this situation and don't know enough about the process to prevail. Could some experienced landlords help me and tell me what kind of written answer I should write? What kind of support material should I provide to the court?

Thank you a million in advance.

回复：来源: seaspearo 于 09-09-29 16:05:00

First Did they also file other claims? like bad faith? and ask for extra penalty?
Next what court? small claim or county district court? If it is small claim, you can go yourself. If it is county court, just attorney fee will run you at lease $3000 - $5000 and it will take 6-8 month for your first court hearing. So first thing first, find an attorney to write a settlement letter(cost about $50 to $100) to them, I will give back their $500 and maybe $1000 to settle the case, not worth it to fight.

来源: 随意1 于 09-09-29 17:05:55

It is in the county small claim court. The tenant sued me by herself for the security deposit and claimed $2000 plus court cost. She asked me to return the deposit in her written notice which was also CC to a lawyer firm last November. There was no any follow up to me from her or an attorney. So I thought it was over.

In Texas, If one breaks the lease, they loose the deposit by TX Lease. I think I will win this suit by TX Property Code. I am going to find an attorney to fight it for me.

Thanks all of you a million.

来源: seaspearo 于 09-09-29 17:23:45

No attorney in small claim court for both parties. So no need to try to find an attorney, just go yourself and you will win. Even you lose, no way small claim judge will reward her extra except the $500 plus court fee of about $50.

来源: 随意1 于 09-09-30 22:01:50

Update for my case

I got an advice from an online lawyer with a cost of $18 last night. He checked TX code section and thought I would win. He could not tell me how to answer but gave me a sample and let me write a simple answer. I have also gotten advices from a local lawyer charged $30. He also think I can win if I can show all facts fall with in the Residential Lease.

I was told by an experienced landlord that if tenant breached Residential Lease, he/she would lose deposit in TX when I started to be a landlord. In a book of "Landlord's legal guide in Texas", there is an example for the termination after lease signed but before move in. Landlord can sue tenant if he does not pay the rent as agreed. According to this example, I wrote to tenant for the reason why I could not return the deposit to her after I received a written notice from her last November.

I can counter sue her definitely for lost rent within 2 years. But I did not want sue her last year. 冤家宜解不宜结。 Maybe I need to think about to do so now. I am still waiting for another lawyer's advice. I will keep it updated.

评论与提问：HenryLi 于 09-10-02 21:20:17

这个 tenant 不能 honor 这个lease， 当然要lose 这个 security，怎么还会去 sue 这个 landlord？ 在美国真是什么人都有。

如山回应（回答）：

李医生说得没错，在美国就是什么事都有人sue。

你一定听过约一年前的一个报道：一位律师干洗一条裤子，干洗店开头找不到。这位不见裤子的律师开始告干洗店。后来又找到了，该律师不肯要了，继续告赔偿。最后店主同意赔偿5万，这个律师依然不肯。告店主赔偿1千多万。最后到了法庭是店主赢了官司了。可是店主的律师费已经花掉1百多万。店主在其他南韩人同胞帮助下召开记者会，希望有人捐款帮忙付律师费。