房東被告實例2-租客簽完租約不租的定金糾分（轉帖於投資理財論壇）

房東被告實例2-租客簽完租約不租的定金糾分（轉帖於投資理財論壇）

如山整理

（2009年10月2日）

來源: 隨意1 於 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.

回複：來源: seaspearo 於 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.

來源: 隨意1 於 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.

來源: seaspearo 於 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.

來源: 隨意1 於 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. 冤家宜解不宜結。 Maybe I need to think about to do so now. I am still waiting for another lawyer's advice. I will keep it updated.

評論與提問：HenryLi 於 09-10-02 21:20:17

這個 tenant 不能 honor 這個lease， 當然要lose 這個 security，怎麽還會去 sue 這個 landlord？ 在美國真是什麽人都有。

如山回應（回答）：

李醫生說得沒錯，在美國就是什麽事都有人sue。

你一定聽過約一年前的一個報道：一位律師幹洗一條褲子，幹洗店開頭找不到。這位不見褲子的律師開始告幹洗店。後來又找到了，該律師不肯要了，繼續告賠償。最後店主同意賠償5萬，這個律師依然不肯。告店主賠償1千多萬。最後到了法庭是店主贏了官司了。可是店主的律師費已經花掉1百多萬。店主在其他南韓人同胞幫助下召開記者會，希望有人捐款幫忙付律師費。