Landlords better protected by large security deposits than small claims court

security deposit lessee agreementThe information in this column is intended to provide a general understanding of Texas law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Q: Prior tenants of my rental property left a big mess when their lease expired. I spent $2,000 cleaning the place. How can I collect from them or let others know? I don’t suspect small claims court is a good option since there would be no way to enforce payment.

A: If contacting and asking them to pay won’t work, your only other workable option is to sue in small claims court. But you are correct that even if you win a judgment in small claims court, it will be difficult, if not impossible, to collect. Texas law goes to great lengths to protect the properties of people who owe money to others.

Even so, if you want to let the world know they are problem tenants, you can sue and obtain your judgment. According to the Experian website, the judgment you obtain will be collected by the national reporting companies and will appear on their credit report.

You would clearly be going to a lot of trouble and expense to help other landlords you don’t know and will never meet. That is a decision you will have to make.

The next time you rent the property, be sure to get a large security deposit and conduct a proper background check, including a credit check, on any prospective tenant.

Q: Both of my parents’ wills were probated, and thereafter my brothers and a sister all filed quitclaim deeds in favor of another sister, giving her my parents’ house. Is there some document showing her as the sole owner, or are the probated wills and quitclaim deeds the proof?

A: The probate records for your parents’ estates and the quitclaim deeds are the documents that establish your sister as the owner of the house. If she sells the property prior to her death, a title company will review the history and hopefully conclude that she is the rightful owner.

If your sister dies before she sells the house, some sort of probate will need to occur (or she might sign and record a transfer on death deed), and then the next owner or owners will be in the same position as your sister where they would rely on the probate records and prior transfer documents to establish that they have become the new owners.

It should be noted that quitclaim deeds are rarely used in Texas. If you do a quick search online, you will see that some lawyers call them “worthless.” They are sometimes used to clear up title when there are problems, but they are typically never used to convey title.

In this regard, you may want to meet with a real estate attorney to determine if steps can be taken now, while all the siblings are alive, so that the chain of title is clean.

Source: houstonchronicle.com