Saint Louis, MO asked in Real Estate Law and Landlord - Tenant for Texas

Q: Can I bring a claim against landlord's attorney for pushing for a negligent/illegal eviction?

In Dallas County, my landlord brought an eviction suit against me (I was pro se) and my landlord's attorney pressed for eviction at the hearing AFTER knowing I vacated and surrendered the property in accordance with Texas law.  The judge dismissed the case. There was no unpaid rent or damages to the property as the eviction was for holding over. Knowing all this the attorney was committed to pushing for an eviction judgment AND a judgment for attorney fees, not just a judgment for attorney fees at the hearing which was emotionally distressing given I legally surrendered the property.

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

A: No, you have no damages. Sometimes, the cases will go forward even if the resident has moved out, if they're seeking unpaid rent or to recover for damages to the property. Your case was dismissed.

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