AJLandlord
New Member
- Jurisdiction
- Texas
I have filed a small claims case against my former tenants for breach of lease. The tenants signed a 12 month lease and ended up leaving after 4 months with no notice except for an email on the day they were leaving. The rental property that they executed the lease on is located in Collin county, Texas. I have been able to trace the tenants to another state (TN) and got them served by the local county sherrifs office. The tenant responded back to the court requesting a motion for dismissal as they are now residents of Tennessee.
I wanted to find out if their motion has any legal grounds in Texas. I researched the statutes and found the one I believe applies to this situation. Civil Practice & Remedies code Chapter 15, Sec. 15.0115 states 'LANDLORD-TENANT. (a) Except as provided by another statute prescribing mandatory venue, a suit between a landlord and a tenant arising under a lease shall be brought in the county in which all or a part of the real property is located.
(b) In this section, "lease" means any written or oral agreement between a landlord and a tenant that establishes or modifies the terms, conditions, or other provisions relating to the use and occupancy of the real property that is the subject of the agreement.' Does this statute give me enough grounds in small claims court to not only deny their motion but also get a judgement if they don't show up? Thank you for your assistance!
I wanted to find out if their motion has any legal grounds in Texas. I researched the statutes and found the one I believe applies to this situation. Civil Practice & Remedies code Chapter 15, Sec. 15.0115 states 'LANDLORD-TENANT. (a) Except as provided by another statute prescribing mandatory venue, a suit between a landlord and a tenant arising under a lease shall be brought in the county in which all or a part of the real property is located.
(b) In this section, "lease" means any written or oral agreement between a landlord and a tenant that establishes or modifies the terms, conditions, or other provisions relating to the use and occupancy of the real property that is the subject of the agreement.' Does this statute give me enough grounds in small claims court to not only deny their motion but also get a judgement if they don't show up? Thank you for your assistance!