Re: Small Claims Court - Jursidiction - Landlord Forum thread 355028
Free Landlord Newsletter
FREE BONUS Forms Disk for
2 -5 year LPA Members
Re: Small Claims Court - Jursidiction
on November 11, 2017 @08:15
"Civil Practice & Remedies code Chapter 15, Sec. 15.0115 states 'LANDLORD-TENANT. (a) Except as provided by another statute prescribing mandatory venue, a suit between a landlord and a tenant arising under a lease shall be brought in the county in which all or a part of the real property is located"
This does not apply in your case. It references that home court county, where the property is located. This is so that if the property is located in Collin County and either the landlord are extenants live in Tarrant County, The courts have jurisdiction. If not everyone could just file where ever they wanted.
Not sure if you have filed in Collin County Texas or in Tennessee when you said you filed a small claims case.
If the tenants had moved out, how did you serve notice, which has to be in Collin County, Texas?
Another question, if you filed in Collin County, what was the outcome of the court case? Were you awarded possession? Without personal service upon the former tenants (which must be in Texas), courts do not award money damages.
If all you have is a judgement awarding possession and you file in Tennessee for money damages, then that is perhaps why the former tenants filed for a dismissal.
Have you rerented the rental property? Do you believe that the tenants owe for the remaining eight months? Just what do you hope the outcome will be?
The bottom line is that to take the former tenants to court for money damages is to legally serve them while they are in Texas.
Return to forum
Tips & Advice
Landlord Tenant Law
Contact The LPA
© 2000-2018 The Landlord Protection Agency, Inc.