Lease Contract Agreement
What is the maximum that can be sued for in TX small claims from a commercial landlord withholding security deposit in bad faith?
I recently relocated my office and the old locations’ landlord is withholding my security deposit in bad faith, no itemized deductions for any claimed repairs, and no supporting documentation for anything reasons they are using to hold my deposit. I would like to send a demand letter to them and then prepare for small claims. I just have a question on how much i am allowed to sue for. I heard it is something like 3x of the amount, plus all other reasonable fees. Would like some counsel here.
1 Attorney answer
Justice Courts have jurisdiction of civil matters in which the amount in controversy is no more than $20,000 (or $10,000 if the case was filed prior to September 1, 2020), exclusive of interest and court costs, but including attorney fees, if any. I presume someone has mentioned to you theories of treble damages recoverable under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) for knowing and intentional deceptive acts. While the DTPA is a broad, ranging statute, it cannot convert what appears a purely a breach of contract claim into a DTPA claim (in most instances) absent an separate act by the landlord. You should consult a contracts / DTPA lawyer who can help you evaluate the viability of your claims. Start with your lease agreement. Hope this helps. Kelvin www.roqski.com