Legal Question in Landlord & Tenant Law in Texas

Breaking of a lease

The renter of a residence rental I have picked up and left without notice breaking his lease and leaving several problems with rental property that I was unaware of was not informed of to fix. This property is in Texas and the guy went to Florida. To sue the guy do I need two lawyers, one for each state?


Asked on 11/09/08, 2:36 pm

1 Answer from Attorneys

Jason Gallini Crew & Gallini, PLLC

Re: Breaking of a lease

Not at this point, but possibly later. Jurisdiction for any suit would be based on the location of the rental property. Since the renter is out-of-state, he or she would still have to be served with the court documents (service of process) and there are certain laws that provide for such scenerios (i.e. long-arm statutes). In the event that you obtain a judgment against the renter, you may need to execute the judgment in Florida and in order to do so, the judgment would be need to go through a process for recognition by the Florida Courts. In other words, a Texas judgment is valid in Texas and a New York judgment is valid in New York. The judgment has to be accepted by the out-of-state court before any attempts to collect in that state. Should the judgment need to be recognized in Florida then it may be necessary to retain an attorney in Florida to assist in doing so.

Now, there are other options and for the sake of time and completeness, you should contact an attorney in your area in order to get all the details.

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Answered on 11/09/08, 11:09 pm


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