What court would I sue in to get my $4000 deposit returned from commercial landlord in Texas?
My commercial lease space landlord has not responded within 30 days to return my 00 deposit or even send a notice that he’s withholding for some trumped up reason.
I gave notice, was not in arrears, and painted & cleaned the space to make it beautiful and ready for the next tenant when I left. I documented everything with pictures & videos (both move in condition and move out condition). I actually put over ,000 worth of improvements in the space while I was there.
How do I get my deposit back, and if I need to sue him, what court will I do it in? I followed the letter of the law and sent everything certified, RRR and have more than enough proof I should get it back in full.
How much do I ask for if I do have to sue him? how to buy prescription drugs without a prescription Is it treble damages plus attorneys’ fees & court costs?
He owns multiple properties, so I can collect via judgment if I have to.
If you want to sue someone and the amount involved in the lawsuit is less than $7,500, you may sue in Small Claims Court. Small Claims Court is a special court that is well suited to non-lawyers because the procedural rules are much simpler than those in other courts. The trial is fairly informal and the rules of evidence are relaxed. Consequently, most non-lawyers find Small Claims Court to be less intimidating than "regular" court. Another advantage to Small Claims Court is that you tend to get to trial more quickly than in other courts. In West Los Angeles, for example, it generally takes only 4 – 6 weeks to get to trial. Before filing a lawsuit in Small Claims Court, you must make several determinations. First, you must determine if your case qualifies. You may not sue for more than $7,500 in Small Claims Court if you are an individual, and businesses and public entities may not sue for more than $5,000. So you should not file in Small Claims Court if you want to recover more than $7,500, and you should file in Superior Court instead. If your claim is worth more than $7,500 but you are willing to forego recovering more than that amount, you may sue in Small Claims Court and waive the amount in excess of $7,500. Second, you must be certain that you know the proper person to sue (the "defendant") and have the defendant’s correct name and address. There are special requirements for suing a business, and the court clerk has written information that will help you. Third, you must determine which branch of Small Claims Court should hear your case. Generally, you should file in the branch court for the geographic area either where the defendant lives or where the incident about which you are suing occurred. You should call the court to find out which court is the appropriate one. Finally, in most cases, you should make a demand for the money, either oral or written, on the defendant before filing the suit.
IIRC the small claims limit in Texas is $5000.
(Check on this). If you just want the deposit
you can go there.
If you want more, you will need an attorney, and
he’ll file in the proper venue.
Small claims court. Or do what I did and hire a real estate attorney.