Unless the lease agreement provides otherwise, a tenant is liable to the landlord for any damage to the leased premises during the tenant's occupancy unless such damage was caused by the landlord or his agents. If the estimate to repair the damage is $21,000, you can deduct $2,500 from the security deposit leaving a balance owed of $18,500, which is within the jurisdictional limits of a small claim for a justice of the peace court.Given the small amount involved, it is probably not worth it to hire a lawyer. Whether to pursue the claim depends heavily on the financial condition of the tenant. Texas has very generous exemptions, meaning that there is a lot of stuff you can't have a sheriff or constable seize to satisfy a judgment. So, in many instances, a judgment becomes nothing more than a piece of paper that says the tenant owes your son a sum of money. Of course, a judgment for damages to leased premises will appear on the tenant's credit report, which could create difficulties for the tenant in renting in the future. So it may be worthwhile to pursue.
Answered on Jun 12th, 2023 at 11:10 AM