Thank you for your reply, G.
At this point, you have a separate recourse against each party. Allow me to explain.Cause of action & Justice of the Peace Court
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
The proper court to have this matter heard in is the Justice of the Peace Court, which is the Texas version of "small claims" Court. If you need more information on where to file, please tell me what county this is in.Tenant
The tenant is responsible for any damage to the property beyond that of whatever the deposit covers. As such, they may be liable for the cause of action of negligence
for that amount. The elements of a negligence cause of action are
(1) The defendant owed a legal duty to the plaintiff,
(2) The defendant breached that duty, and
(3) The breach was a proximate cause of the plaintiff's personal injury or property damages.D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex.2002).Property Manager
The property manager is supposed to use the money to fix the property properly, and if they have either squandered the money, OR, kept it and did not even apply it to the property, they may be liable for negligence
if they applied it but poorly, or money had and received
if they kept the money all-together for themselves.
A claim for money had and received arises when the defendant obtains money that in equity and good conscience belongs to the plaintiff. It is an equitable doctrine applied to prevent unjust enrichment. Hunt v. Baldwin, 68 S.W.3d 117, 132 (Tex.App.-Houston [14th Dist.] 2001, no pet.)
An attorney is recommended but not mandatory. May I recommend the Texas Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Good luck.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating