Should i take my landlord to small claim court or get a lawyer?

[ZackRyder]

Originally Posted by Kim in FL

If you're in jail or in the hospital you're still required to pay rent (and all your other bills). You don't get a 'free ride' because you're in the pokey or laid up in a hospital.




Some leases also have a clause that say if you're away from the unit for x amount of days, without notifying the landlord of your absence, it could be considered abandonment. If I leave my unit for more than 2 days I have to notify my landlord and the HOA and make sure my main water supply is shut off (unless I have someone coming to the unit to check on it)


Can you cite a law pertaining to this?

WHAT???????

The LL had NO RIGHT to put his stuff on the curb without getting a legal eviction and waiting for the sheriff to evict. AND his rent WAS PAID!! END OF STORY.

Being away for 10 days is NOT abandonment. That is insane. People take vacations that long.

You have to shut off your water if you leave for 2 days? That is the most asinine thing I have EVER heard.

[IC_deLight]

Originally Posted by oregonwoodsmoke

As always, it depends upon exactly what is in your written rental agreement. Does your contract say that you must notify the landlord if you are going to be away from the house for more than a certain number of days?

Also, it depends upon what you were in jail for. Maybe whatever it was that you did makes it legal for your landlord to get you out on short notice. You say that nothing was posted on your door, but how do you know that if you were in jail and no one was at the house?

and this is the reason you shouldn't seek legal advice on city-data. This is wrong, wrong, wrong.
It doesn't matter what the OP was in jail for.

This tenant has potential claims for trespass to real property, trespass to personal property (chattels) and wrongful eviction at a minimum. The level of damages and cause of action will dictate which court you would pursue the landlord in.

Texas Property Code §92 sets forth some of the relief you can pursue.
PROPERTY CODE CHAPTER 92. RESIDENTIAL TENANCIES

The relief you can obtain under Texas Property Code §92 includes

(2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord.

Originally Posted by oregonwoodsmoke

Because your story doesn't make a lot of sense and because you changed your version mid-stride, I am going to guess that there is a fairly substantial difference in the other side of the story. But you can either take all of your documents, photos, and receipts to small claims court and let a judge sort it out, or you can take the same documents, receipts, and photos to a lawyer and let him tell you whether or not you have a case and how much he is going to charge you to take it to court for you. Then the judge looks at all the paperwork and photos, both yours and the landlord's and the judge will sort it out.

The OP could pursue some of her claims in JP court, however, given the jurisdictional limits of JP court and the additional causes of action, this case or at least a part of this case should likely be brought in a higher court.

OP what city or county is the property you leased located?