What the prcedure to sue a business, namely exlandlord in county court?
I'm looking to ask for $30,000 to make it worthwhile.
Nov 15th 2012 I had slip and fall at my mom apt complex.
Dec 2nd 2012 my mom died 30min after payin bills, including dec rent.
Apprximately dec 6th see manager at gate she say she sorry about death and if I was going to continue paying rent I said yes.
Around dec I hired lawyer for personal injiry slip and fall case.
I paid rent for jan 2013 they accepted
Around 1st of feb I was released from therapy
Feb 13th I went to office to discuss rent. Gave them partial payment which secretary got manager consent and signed my receit
Feb 25th I went back in office to discuss starting new job and they agreed on partial payments weekly til rent caught up.
March 6th partial payment made
March 13th partial payment made
March 19th partial payment made. Also lawyer sent insurnace of landlord letter. First time insurance
replied of course they denied responsibility
March 20th landlord filed eviction
I didn't make jp hearing but I did file appeal. Landlod stated reason for filing eviction is NONPAYMENT OF RENT. THEY DID NOT INCLUDE ANY OF MY PARTIAL PAYMENTS
May 7th 2013 went to county court. I asked for lawyer.
Reset to May 14th
May 14th dispite all my evidence judge was bias and accepted landlord arguement that my name not on lease
therefore none of law apply cause I wasn't suppose to be there. Judge ruled the money depodited in registry be returned.
Now my contigent to sue is the following
1. Bad faith. Denial of parts performance even though law stated lease include any WRITTEN OR ORAL AGREEMENT, ANY MODIFICATIONS AT ANY TIME, AND DENIAL of being given reasonable amount of time on notice of change of mind. They originally stated nonpayment then changed to name not on the lease yet they accepted rent for 3 months and they didn't include any of my paymentss in the initial balance and wasn't going to UNTIL I notified their lawyer and sent them the proof and tried to settle out of court.
2. Retaliation. They changed their mind and evicted me one day after lawyer got correspondence from their insurance. Law says can't do that within 6 months of notification.
3. By law mom rent after death along with her deposits both for apt and pet deposit should be given to heir which it haven't.
4. By accepting rent yet claiming I wasn't suppose to be there and they thought I was moving out regardless of their own signature they were acting as illegal storage bypassing deceptive trade act or regulations with storage industry.
5. They have police as security. If I really wasn't suppose to be there they could kick me out any any time.
6. Since judge refunded my registry deposits I should have gotten ALL MONEY PAID after date of mom's death.
What would be the procedure to file suit.
This is in Harris County TX.