Case No. ______________
XXXX,
Plaintiff
vs.
XXXX,
Defendant
IN THE DISTRICT COURT OF
_______________ COUNTY, TX
_________ JUDICIAL DISTRICT
COMPLAINT
COMES NOW Plaintiff XXX, with this complaint against the
Defendant XXXX.
DISCOVERY
1. Plaintiff respectfully requests Discovery in this case be conducted under Level
Three (3) pursuant to Rule 190.1 of the Texas Rules of Civil Procedure.
PARTIES
2. Plaintiff, WILLIAM KITCHEN, is an individual, a resident of 7650 S.
XXXX.
3. Defendant, XXXX is an individual, a resident of XXXX.
JURISDICITON AND VENUE
4. This Court has jurisdiction over the Defendant because Defendant lives within
this Court’s jurisdiction, and has committed torts in a manner to establish contacts necessary
for the imposition of the jurisdiction of this Court. This Court has jurisdiction over the subject
matter because the damages are within the jurisdictional limits of this court.
2
5. Venue is proper in this County pursuant to Tex. Civ. XXX
15.002(a)(1) because the facts constituting the causes of action herein occurred in whole or in
part in this County.
FACTS
6. On or about XXXX, Plaintiff entered a sublease agreement with
Defendant, following Defendant’s ad for a roommate.
7. In the ad, Defendant advertised that she had a well-furnished one bedroom
with a private bathroom area to be subleased for a term of between three months to one year.
8. Accordingly, Plaintiff accepted Defendant’s offer, paid all fees and rent, and
moved into the apartment.
9. However, on or about [ENTER DATE], Defendant forcefully removed
Plaintiff from the apartment.
10. Defendant has also absconded with Plaintiff’s funds and has converted those
funds for her own use.
11. On or about XXXXX, Plaintiff sent Defendant a demand letter,
demanding a total of $585.47 for prorated rent and utility refund. Defendant failed to pay said
amount, which necessitates the instant action.
CLAIMS FOR RELIEF
COUNT 1
Wrongful Eviction
12. Plaintiff hereby incorporates by reference all the allegations contained in all
the preceding paragraphs of this complaint as though fully stated herein.
13. On or about XXXX, Plaintiff entered a sublease agreement with
Defendant.
14. Plaintiff paid all fees and rent, and moved into the apartment.
3
15. However, on or about [ENTER DATE], Defendant locked Plaintiff from the
dwelling.
16. Defendant had no good cause to evict Plaintiff from the apartment, since
Plaintiff duly met all requirements of the sublease agreement.
17. Plaintiff sent a demand letter demanding a refund of prorated rent and his
security deposit back. Defendant did not return the deposit or refund.
18. Defendant’s conduct amounts to wrongful eviction in violation of Section 92
of the Texas Property Code, et seq.
19. As a result of the Defendant’s conduct stated above, Plaintiff has been forced
to relocate and has to incur relocation expenses. Plaintiff has also lost his prorated rent and
his security deposit.
COUNT 2
Harassment
20. Plaintiff hereby incorporates by reference all the allegations contained in all
the preceding paragraphs of this complaint as though fully stated herein.
21. Defendant committed acts that subjected Plaintiff to harassment. Notably,
after Plaintiff was wrongfully evicted, Defendant constantly and unnecessarily harassed
Plaintiff by calling his phone and texting him.
22. Plaintiff severally asked Defendant to stop such harassment. However,
Defendant persisted in calling Plaintiff’s phone and texting him.
23. Defendant’s conduct has caused Plaintiff emotional harm and/or distress.
COUNT 3
Intentional infliction of Emotional Distress
24. Plaintiff hereby incorporates by reference all the allegations contained in all
the preceding paragraphs of this complaint as though fully stated herein.
4
25. The conduct of the Defendant as already alleged above is extreme and
outrageous conduct.
26. Notably, Defendant knew, and/or ought to know the effects of her conduct on
Plaintiff.
27. Defendant committed the said conduct intentionally, with full knowledge of
the impact of the said conduct on the Plaintiff. Notably, Defendant intentionally evicted
Plaintiff, failed to refund Plaintiff’s prorated rent and security deposit, and subjected Plaintiff
to harassment by her constant communication.
28. As a result of Defendant’s action and/or inaction, Plaintiff, has been subjected
to emotional harm and/or distress.
COUNT 4
Negligence
29. Plaintiff hereby incorporates by reference all the allegations contained in all
the preceding paragraphs of this complaint as though fully stated herein.
30. As the lessee in the sublease, Defendant owed Plaintiff (sub-lessee), the duty
to refrain from interfering with Plaintiffs’ full use of and quiet enjoyment of the rented space;
and the duty to comply with all applicable state and local laws governing Plaintiffs’ rights as
sub-lessee.
31. Defendant, by the conduct alleged above, so negligently and carelessly
maintained breached the duties that she owed to Plaintiff by wrongfully evicting Plaintiff and
withholding Plaintiff’s prorated rent and his security deposit.
32. As a result of the Defendant’s conduct stated above, Plaintiff has been forced
to relocate and has to incur relocation expenses. Plaintiff has also lost his prorated rent and
his security deposit.
5
COUNT 5
Breach of Implied Warranty of Good Faith and Fair Dealing
33. Plaintiff re-alleges and incorporates by reference every allegation contained in
the preceding paragraphs of this Complaint as though set forth herein.
34. Every contract contains an implied covenant of good faith and fair dealing.
This covenant precludes any party from doing anything which will have the effect of
destroying or injuring the right of the other party to receive the fruits of the contract.
35. In the instant action, there was a valid seblease agreement between the
Plaintiff and the Defendant. The agreement contained provisions and/or terms that governed
the relations between the parties. Therefore, the Defendant was bound by the implied
warranty of good faith and fair dealing.
36. The Defendant breached the said implied duty by wrongfully evicting Plaintiff
and withholding Plaintiff’s prorated rent and his security deposit.
37. As a result of the Defendant’s conduct stated above, Plaintiff has been forced
to relocate and has to incur relocation expenses. Plaintiff has also lost his prorated rent and
his security deposit.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff is entitled to damages from the Defendant, and he hereby
prays that judgment be entered in his favor and against the Defendant and the following relief
be issued:
i. Refund of Plaintiff’s deposit;
ii. Refund of Plaintiff’s prorated rent;
iii. Actual damages for the blameworthy conduct of the Defendant as alleged herein to
the maximum extent permitted under the law;
iv. Punitive damages;
v. Interest as provided by law;
6
vi. An award of fees and costs;
vii. Such other relief as the Court deems just and proper.
Respectfully submitted:
Dated: __________
______________________________
XXXXX
Plaintiff Pro se
7
Case No. ______________
XXXX,
Plaintiff
vs.
TRACY JOSEPH,
Defendant
IN THE DISTRICT COURT OF
_______________ COUNTY, TX
_________ JUDICIAL DISTRICT
AFFIDAVIT
I, WILLIAM KITCHEN, being duly sworn, states as follows:
1. I am a resident of 7650 S. XXXX.
2. I am of above 18 years old and of sound mind.
3. I am one the Plaintiff in this action and I am therefore competent to swear this
affidavit.
4. The information provided in the complaint is true to the best of my knowledge,
information, and belief.
I declare under penalty of perjury and under the laws of the state of XXX that all statements
and information contained in the foregoing affidavit are true and correct.
_________________________________
(Sign in the presence of a Notary Public)
8
Sworn to and subscribed before me this ___ day of XXXX.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
9
CERTIFICATE OF SERVICE
I hereby certify on the ____________day of _______________, XXX, that a true and correct
copy of the foregoing Complaint were served by placing a copy in the United States Postal
Service, with postage prepaid, addressed upon the following:
SERVICE ON:
XXXXX
______________________________
XXXX
Plaintiff Pro se
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )