My question involves landlord-tenant law in the The Great State of Texas.
My mother died in Nov 2012. She died with $23.00 to her name and meger persoanl possessions. No probate was filed, as there was nothing to probate. She died with no will.
She lived in a subsidised senior apartment complex. She was terminal with lung cancer the entire time she lived there, less than one year. When she was put on hospice care the complex manager was notiified of her enevitable demise. Within the week she slipped in to a coma passed peacfully. The apartment was vacated and the rent was current. The apartment was cleaned and keys turned intot the manager and a forwarding address was provided at that time.
Texas provides that a landlord must send tenants deposit refund or an itemized statement of charges to the last known address or providied forwarding address within 30 days. Landlord failed to do this. When called about this, they ignored repeated calls. Landlord finally provided what appeared to be doctored and made up proof of damages, but this was well after the 30 days and the math just didnt add up.
Not knowing any better at the time, I filed a small claims case. The apartment complex lawyerd up & filed a counter claim and asserted additional damages never originally claimed. Texas landlord tenant law says you cant do that either. At trial lawyer states I have no standing to sue. Justice of the Peace agrees and adjourns the case pending filing of probate. I told the JP that I was not going to file probate and to dismiss. He did not.
Fast forward 2 years and I have heard nothing. Lawyer crawls out from under a rock and gets case put back on docket. I no longer live in the county that the case is in. I live 6 hours away, but still in Texas. I got a post card in the mail from the JP court telling me to appear on Dec 12. Lawyer has filed some paperwork saying that I enetered intot he lease with my mother. I did not, if I had, I would have had standing on original appearance. Lawyer states that they want damages to unit, which there were none and they were never able to prove damages in the way of photos or documentation that was qcredible. Also wants legal fees and court costs. Lawyer had audacity to state damages likely occured in the last moments of life. My mother suffocated to death after being in a 3 day coma, tjere was no last moments of life events to cause damage. She stopped breathing and I watched her heart stop beating.
Bottom line, I am not responsible for my deceased mothers debts, if any. A JP can not order me to open probate.
Question, can a JP order me to appear by post card? Can a JP order me to appear from another county?
What should I do, if anything?
My mother died in Nov 2012. She died with $23.00 to her name and meger persoanl possessions. No probate was filed, as there was nothing to probate. She died with no will.
She lived in a subsidised senior apartment complex. She was terminal with lung cancer the entire time she lived there, less than one year. When she was put on hospice care the complex manager was notiified of her enevitable demise. Within the week she slipped in to a coma passed peacfully. The apartment was vacated and the rent was current. The apartment was cleaned and keys turned intot the manager and a forwarding address was provided at that time.
Texas provides that a landlord must send tenants deposit refund or an itemized statement of charges to the last known address or providied forwarding address within 30 days. Landlord failed to do this. When called about this, they ignored repeated calls. Landlord finally provided what appeared to be doctored and made up proof of damages, but this was well after the 30 days and the math just didnt add up.
Not knowing any better at the time, I filed a small claims case. The apartment complex lawyerd up & filed a counter claim and asserted additional damages never originally claimed. Texas landlord tenant law says you cant do that either. At trial lawyer states I have no standing to sue. Justice of the Peace agrees and adjourns the case pending filing of probate. I told the JP that I was not going to file probate and to dismiss. He did not.
Fast forward 2 years and I have heard nothing. Lawyer crawls out from under a rock and gets case put back on docket. I no longer live in the county that the case is in. I live 6 hours away, but still in Texas. I got a post card in the mail from the JP court telling me to appear on Dec 12. Lawyer has filed some paperwork saying that I enetered intot he lease with my mother. I did not, if I had, I would have had standing on original appearance. Lawyer states that they want damages to unit, which there were none and they were never able to prove damages in the way of photos or documentation that was qcredible. Also wants legal fees and court costs. Lawyer had audacity to state damages likely occured in the last moments of life. My mother suffocated to death after being in a 3 day coma, tjere was no last moments of life events to cause damage. She stopped breathing and I watched her heart stop beating.
Bottom line, I am not responsible for my deceased mothers debts, if any. A JP can not order me to open probate.
Question, can a JP order me to appear by post card? Can a JP order me to appear from another county?
What should I do, if anything?
Security Deposits: Texas: Dead Tenants Deposit Stolen by Management, Family Sued, No Probate
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