Legal Question in Landlord & Tenant Law in Texas

I filed a lawsuit in Harris county Houston TX against former tenant who left about $5K damage. Since I live out-of-state, can I have my property mangement company prosecute to get judgment on my behalf since they have all documents and pictures and dealings with tenant?

Asked on 11/19/12, 12:11 pm

2 Answers from Attorneys

EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP
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Unless they are Attorneys, it would be illegal for them to represent you in all Courts (felony barratry/unauthorized practice of law, aside from a violation of the Rules of the Real Estate Commission).

If you assign the claims to them, they may be able to move forward, but that is a really bad idea. Plus you may have to testify if they are contested. Any lawyer would have likely handled this for a couple of hundred dollars and maybe a percentage of what comes out of it. However, if the person is already under prior Judgments,you are wasting your time and your claims should ahve aimed at the negligence of the real estate management company if they "qualified" that tenant. WIth an active prior abstracted Judgment on file, they will get paid first even after your work, instead of you since they have priority lien on all defendant's assets. If you need to talk to a Real Estate/Litigation/Collections Lawyer for a no-fee consultation, pleae email me back so I can set it up. Thanks. USE THIS EMAIL: edkazaleh@yahoo.com

Edward J. Kazaleh

Attorney Mediator Arbitrator

5609 Val Verde

Houston, TX 77057

(713) 659-1000

(832) 200-2100

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Answered on 11/21/12, 8:56 am
EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP
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Did you ever get this issue and case resolved?

Please let me know if you need a free phone consultation.

Thanks

Edward Kazaleh

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Answered on 12/01/12, 11:48 am

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