QUESTION

Can a home owner sue a tent who moved out for damages to the home

Asked on Jun 08th, 2023 on Leases and Leasing - Texas
More details to this question:
My son leased a $700,000 home to a family. They were in the house for 6 years. They left the house a disaster zone. The kids used the wall, floors, windows, shades etc for coloring. The walls and rug have paint spills in every room. The carpet is ripped and shredded. Light fixtures are broken or missing. Cabinetry is broken and filthy. Shades have also been colored and drawn on. Overall, the house is about as nasty as I’ve seen. They had deposited $2500 as a security deposit but an estimate to repair and clean the house is $21,000! My question is do you think it is possible to recover some of his expenses? Small claims court? Do you think it would be worth it to hire a lawyer?
Report Abuse

1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
Update Your Profile
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

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters