It has been 2 years since I moved and I did give my landlord 60 days prior written notice that I would move,still no dept back

Asked over 1 year ago - Fort Worth, TX

I have not received my dept back and did hire an attorney here in ft worth, who took over a $1,000 from me, yet never filed the case and won't answer his phone or certified letter that I sent. Is it too late to file in JP Court on my own..I was told the statue of limitations in Tx was 2 yrs..now I'm reading 4 yrs. I had given written notice of intent to vacate in Nov., the original date to move was Jan 15th...but since i was buying a home..couldn't close until Feb. 18th. I did keep landlord abreast...and paid all rent..but they would not work with me and came to literally "throw my kids and my stuff on the st." so i called the sheriff and he made them leave and start eviction process. My house closed before they could evict. Can I take any action against this horrible lawyer as well?

Additional information

The two years statue of limitations is not up yet! HELP PLEASE...he will not give me my file!!! Went and filed my own claim in JP court on Friday, the 22nd....went to attorneys office to request file...saw attorney while I was waiting...asked politely why my case from 2 yrs. ago was NEVER filed...he went in other room and never came back. She told me to come back that afternoon...I did and they locked the doors and would not answer or pick up their phone. SOMEONE PLEASE HELP ME...CAN I SUE THIS HORRIBLE ATTORNEY????

Attorney answers (2)

  1. John S. Fason

    Contributor Level 12

    1

    Best Answer
    chosen by asker

    Answered . You can file a grievance with the State Bar of Texas against the lawyer, and ask for a refund of the money you paid him. It sounds as if he neglected the legal matter you entrusted to him. See link below.

    With regard to the landlord, you have the right to sue for your security deposit plus attorney's fees, and potentially other money. Read Chapter 92 of the Texas Property Code, attached, especially sections 92.103 through 92.109.

    Answering a question through the AVVO forum does not create an attorney-client relationship, nor does any followup... more
  2. Becky Pham Tran

    Contributor Level 10

    Answered . The statute of limitations in Texas to collect on a debt is 4 years so it seems you still have time.

    If your lease terminated by its own terms (i.e. no early termination), then you should be able to get back some if not all of your security deposit, depending on the condition of the property after you moved out. The landlord is entitled to deduct money from your security deposit for damages to the property, but must give you an accounting of what was deducted within 30 days from the date you moved out. Keep in mind you must give the landlord your forwarding address. If you did not, he/she does not have to provide you with the refund/accounting.

    If you breached the lease agreement (i.e. early termination) and still owed rent when you moved out, the landlord is not required to provide you with an accounting.

    If the first scenario is your scenario, you can still file a lawsuit in JP Court on your own. Be sure to include all your documents to substantiate your claim against the landlord.

    You should also review Sections 92.101 thru 92.109 of the Texas Property Code here:

    http://www.statutes.legis.state.tx.us/SOTWDocs/...

    With respect to the lawyer you are having problems with, I would suggest you send a formal letter to that attorney via certified mail to let him/her know that you intend to file a complaint with the Texas State Bar if he/she does not contact you within 5 or 10 days. If he/she does not respond within that time frame, you can file a complaint against him/her here:

    http://www.texasbar.com/AM/Template.cfm?Section...

    Good luck!

    Please be advised that the information provided herein is for reference to interested persons only and is not... more

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