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Landlord Wrongfully Withhold Security Deposit Texas, Can Landlord Change Court Venue

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  • 08-09-2010, 08:56 AM
    mvp
    Landlord Wrongfully Withhold Security Deposit Texas, Can Landlord Change Court Venue
    My question involves a security deposit in the State of: Texas

    I rented a house in League City, Galveston, Texas. My landlord wrongfully withheld a portion of my security deposit. I wish to sue him in small claims court in the county (Galveston). He just relocated from Louisiana to Austin, Texas. Does he have the right to move the small claims venue to Austin? This would destroy my chance of winning as my witness would not be able to make the 3 hour drive. Thanks for your help!!
  • 08-10-2010, 10:40 PM
    Mr. Knowitall
    Re: Landlord Wrongfully Withhold Security Deposit Texas, Can Landlord Change Court Ve
    He can try to change venue; I don't see why he would succeed, given that the premises are in Galveston and he clearly does business in your county.
  • 08-13-2010, 12:31 AM
    davidmcbeth3
    Re: Landlord Wrongfully Withhold Security Deposit Texas, Can Landlord Change Court Ve
    maybe you should then move it to federal court lol .. if he runs it as a LLC or INC then he would have to have an attny in either instance ...
  • 08-13-2010, 01:59 PM
    mvp
    Re: Landlord Wrongfully Withhold Security Deposit Texas, Can Landlord Change Court Ve
    Well, according to Texas property code concerning small claims court, the defendant has the right to has the right to change the venue to their location unless one of the following apply:

    15.091 Suit for Rent:
    15.092 Suit on a Contract
    15.090 Suit to Recover Personal Property

    Do any of theses apply? Can I use any of these three to make sure the case is heard in Galveston County?? Does this gaurrantee that he can not move the case to Austin??

    Thanks for any and all help you can provide me!!!

    BY the way, the house I rented is no longer for rent, he has it listed for sale. So I guess technically he is no longer doing business in Galveston county.
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