Landlord Question and Answer Forum
My tenant breached the lease and I retained his security deposit. The property is in Texas, but I live in Mayland.The tenant sued in justice court, can my property manager (authorizated agent) appear on our behalf to present our explanation or are we required to employ and attorney? Thanks.
richard m, TX on Sunday, November 18, 2012
RE: justice court
Although it is not necessary to have an attorney in justice court, the tenant will be at a disadvantage if the landlord has an attorney. It is not impossible for the tenant to win, though, if the tenant has evidence and witnesses as indicated above. If the tenant decides to hire an attorney and wins the suit, the court can also award attorney’s fees if the landlord acted in bad faith or the lease provides for attorney’s fees to the prevailing party. If unsure, the tenant can always obtain legal advice from an attorney before pursuing the matter. Keep in mind that the judge will not treat a case differently because someone is or is not represented by an attorney.
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