Legal Question in Landlord & Tenant Law in Texas

Do i have a case for small claims court?

My air conditioning went out in my apt and could not be fixed for two days. The maintenance person (Jason) told me he would need to call the owner (Adam, who is currently out of town) to see what kind of accommodations could be made for me (hottest weekend of the year). I waited for about 2 hrs in 96 degree heat, then called the after hours # again, left a message saying I would be going to specific hotel, to please have someone call me to tell me if okay. Jason called back, said he had talked to Adam, told him I was staying at Holiday Inn, which he said Adam approved. I indicated it was the only hotel in town and a little expensive, so if they wanted me to try to get something cheaper, to call me before checkout time the next day (noon). Jason agreed. I asked again if the bill would be taken care of, and was told yes. Jason did call the next day, told me Adam said to do whatever I felt most comfortable with. I asked again if the bill would be taken care of and was told yes. The air is fixed, but now the apt mgr says the hotel stay was not approved and Jason did not tell me it was. Basically, it is my word against his. Do I have recourse in small claims for a 'he said, she said'' issue? Thank you.


Asked on 7/28/08, 7:52 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Do i have a case for small claims court?

Yes, you have a valid claim. If you had not been advised that the hotel would be covered, it probably would not have, but since they advised you it would be, then you have a valid reason to sue them for the bill. It will depend upon who the JP believes.

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Answered on 7/29/08, 5:01 pm


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