Legal Question in Landlord & Tenant Law in Nebraska

Secuity deposit small claims suit

I am a landlord. My tenant moved out and left the property smelling like pet urine. I had the carpets cleaned and subtracted the amount from her deposit. She was unhappy and has sued me. I am in nebraska as is the rental, she has moved to Texas. She has sued me in Texas!

Can she do this? What do I do now? If I don't show does she win?


Asked on 7/14/07, 5:51 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Secuity deposit small claims suit

Yes she can sue you in Texas and if you don't show she will probably win a default judgment. The question is whether she can enforce that judgment here in Nebraska or whether you own property in Texas she can attach. You can retain a Texas attorney to file an answer for you in Texas and request dismissal of her complaint. If you don't know one, I may be able to recommend one to you. As to whether the judgment she gets in Texas is enforceable here in Nebraska, you would need to retain an attorney here in Nebraska to evaluate whether Texas courts would have personal jurisdiction over you. I suspect she is just trying to ruffle your feathers and cause you some inconvenience; but it would be unwise to assume that is true. You didn't state how much money was involved, but that is a practical consideration in deciding how to proceed.

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Answered on 7/15/07, 12:55 am


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