Statute of Limitations on Rental Property Damage Recovery in Texas
In Texas, the statute of limitations for recovery on damage to rental property is the same as damage to other types of real property. Texas' property damage law applies to rental homes and apartments. If you're a landlord and your tenant damaged your rental property, but the security deposit wasn't adequate to cover damages, you can sue the tenant for whatever the security deposit didn't cover.
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Property Damage
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Although Texas has criminal statutes for damage to property, suing for recovery, i.e., monetary damages, falls under Texas' civil code. Defendants charged under Texas' criminal statutes for property damage are not required to pay monetary damages to the plaintiff; rather, the defendant, if found guilty, ends up with a criminal record and, depending on the seriousness of the crime, will likely be charged with a fine. To recover monetary damages for damage to rental property, a landlord must file a complaint with the small claims court in the county where the rental property is located.
Small Claims Court
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In Texas, the limit on the amount a plaintiff can sue for in small claims court is $10,000. Many Texas' small claims court websites have forms available for download. You can initiate recovery for damage to rental property by visiting the website of the appropriate small claims court and downloading a "Filing Form." Typically, a single judge hears small claims suits. However, you can ask for a jury trial by filing a "Demand for Jury" form. Keep in mind, as of the date of publication, demanding a jury costs $84.00.
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Statute of Limitations
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In Texas, the statute of limitations for recovery on property damage is two years. As such, you have two years from the date of discovering the damage to sue your tenant, or whomever caused the damage to your rental property. It's important to file your lawsuit as soon as possible, as waiting can cause complications, particularly if the person who damaged your rental property moves out of state.
Additional Considerations
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It's important to thoroughly prepare for your case. For cases involving property damage, you'll need to present evidence, such as photographs, to strengthen your case. Additionally, you should provide as much information as possible, including dates, security deposit information and anything else relevant to your case. You'll need to provide the defendant's/former tenant's current address because he will need to be served with notice of the case against him.
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