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Old 04-24-2014, 08:58 PM
 
40 posts, read 74,403 times
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A few questions:

1. I served court papers to the LL and the property manager (her daughter) for not returning security deposit. PM was the only local contact and the only one I have had communication with. LL lives out of country. PM represented herself in every way verbally and written communication as the one in charge and in charge of final deposit.
The PM filed a motion to dismiss as she is not the owner so can't be sued. Will the judge allow me to sue her?


2. Do you think an email on day 30 with a list of alleged damages will count as proper notice with her intent to withhold deposit? This is Texas. Law says 30 days to provide itemized list of damages by US mail.


Thanks
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Old 04-24-2014, 09:28 PM
 
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Can't speak to #2, as I'm not well-versed with Texas real estate laws, but as for #1, I'd imagine you would be able to sue the property manager. That's the whole point for a LL to hire one, to be their legally contracted agent and represent for the LL as if they were them. If she's gonna claim she was never legally contracted to act as PM, she's probably opening up a bigger issue then, as she couldn't have legally rented you the apartment nor taken your security deposit in the first place.
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Old 04-24-2014, 09:37 PM
 
Location: Riverside Ca
22,146 posts, read 33,381,488 times
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She is the PM therefore the legal representative of the owner/LL. Who signed the lease? Her? If she claims she is not the legal owner/representative but signed the lease then she just falsely entered into a contract with you.
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Old 04-24-2014, 10:15 PM
 
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Here's the tricky part...

There was a PM company (not individual) in charge and they signed the lease.

Three weeks before lease was up ( that company and I were in the middle of new lease for another year)
so three weeks before lease up the PM company says and sends a written statement that there is a new PM ( the LL's daughter) and she was now in charge as the PM. She apparently fired them and took over. she called a day later stating the same.
So she didn't sign the lease but took over as the PM who did originally sign lease for LL.

LL is out of country.
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Old 04-24-2014, 10:45 PM
 
Location: Silicon Valley
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Whoever is the LL's representative is someone you can sue, in my understanding, in place of the owner. They are the LL's "agent," and as such is basically wearing the owner's shoes. They have the power to speak for the owner, make contracts on the owner's behalf, etc.

I'm assuming you are suing the daughter?

What does the motion to dismiss say? Does it say you have a certain amount of time to answer it? Is this small claims court? Will there be a hearing on the motion to dismiss where you can speak for yourself? If so, then show the paperwork to the judge that shows who the PM is, and that as you understand it, the PM is the owner's agent and therefore can be sued in his place.

BTW: Is there anything in your lease regarding where to send legal papers? They often do, and it will say who you can serve and at what address.
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Old 04-24-2014, 11:58 PM
 
13,111 posts, read 20,856,336 times
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Quote:
Originally Posted by Kjb22 View Post
The PM filed a motion to dismiss as she is not the owner so can't be sued. Will the judge allow me to sue her?
This is the basis of what the PM is going to use:
Sec. 92.001. DEFINITIONS. Except as otherwise provided by this chapter, in this chapter:
(2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.

Quote:
Originally Posted by Kjb22 View Post
I served court papers to the LL and the property manager (her daughter) for not returning security deposit.

PM represented herself in every way verbally and written communication as the one in charge and in charge of final deposit.
The PM filed a motion to dismiss as she is not the owner so can't be sued. Will the judge allow me to sue her?

so three weeks before lease up the PM company says and sends a written statement that there is a new PM ( the LL's daughter) and she was now in charge as the PM.
This is what you will stand on:
Sec. 92.003. LANDLORD'S AGENT FOR SERVICE OF PROCESS.
(a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section.
(b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process.
(c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant.
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Old 04-25-2014, 01:16 PM
 
Location: Tampa (by way of Omaha)
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We'd need a lot more information to be able to answer this correctly.
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Old 04-25-2014, 04:36 PM
 
40 posts, read 74,403 times
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Quote:
Originally Posted by Rabrrita View Post
This is the basis of what the PM is going to use:
Sec. 92.001. DEFINITIONS. Except as otherwise provided by this chapter, in this chapter:
(2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.


This is what you will stand on:
Sec. 92.003. LANDLORD'S AGENT FOR SERVICE OF PROCESS.
(a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section.
(b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process.
(c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant.
Thanks very much.

92.003. Is what I plan on using in my response back.

The court has not asked me to respond yet but I know the motion to dismiss was filed because I received a copy of it stating so from her attorney.
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Old 04-25-2014, 04:46 PM
 
40 posts, read 74,403 times
Reputation: 20
Quote:
Originally Posted by NoMoreSnowForMe View Post
Whoever is the LL's representative is someone you can sue, in my understanding, in place of the owner. They are the LL's "agent," and as such is basically wearing the owner's shoes. They have the power to speak for the owner, make contracts on the owner's behalf, etc.

I'm assuming you are suing the daughter?

What does the motion to dismiss say? Does it say you have a certain amount of time to answer it? Is this small claims court? Will there be a hearing on the motion to dismiss where you can speak for yourself? If so, then show the paperwork to the judge that shows who the PM is, and that as you understand it, the PM is the owner's agent and therefore can be sued in his place.

BTW: Is there anything in your lease regarding where to send legal papers? They often do, and it will say who you can serve and at what address.

Yes suing the daughter ( the new PM)

The motion says that she is not the LL and not the owner so she can't be sued and asks the judge to dismiss.

I have not been asked by the court to answer yet. The notice I received was a copy of what she filed through her attorney with the court.

Nothing in lease on where to send a lawsuit notice but it clearly states they are the PM for the property and are acting as the LL.

I also paid rent directly to the PM.
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Old 04-25-2014, 06:44 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,012,670 times
Reputation: 10356
I'd call their bluff.

- Immediately contact their attorney, and request the name and current address of the actual owner.
- Amend your complaint to include the owner in place of his daughter
- File a motion to amend the complaint with the new complaint attached, while stipulating to dismissing the daughter as a party to the current suit.
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