Small Claims Petition

February 4, 2023

Case No:

 

Brook Molla,

                                Plaintiff,

                        vs. 

Jessica Boozer,

                               Defendant

In the Justice Court

Precinct 3, Place 1

County of Dallas

State of Texas

 

Small Claims Petition

NOW COMES the above named Plaintiff in the above entitled and numbered cause complaining of the above named Defendant, and alleges as follows:

 

Introduction

  1. This is a case of breach of a Lease Agreement after the Defendant abandoned a Lease Agreement entered between Plaintiff and Agreement. Accordingly, Plaintiff seeks damages for the said breach.

 

The Parties

  1. Plaintiff is an adult individual who resides in Denver, Colorado. His address is [ENTER ADDRESS]. 
  2. Defendant is an adult individual who resides in Dallas, Texas. His address is [ENTER ADDRESS].

Jurisdiction

  1.  This court has jurisdiction pursuant to Sec. 27.031(a)(1) of the Texas Government Code, which grants Justice Courts original jurisdiction of civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $20,000, exclusive of interest.

 

Venue

  1. Venue is proper because Defendant resides in this County.

 

Facts Common to all Claims

  1. On or about August 4, 2018, Defendant and Plaintiff entered a Lease Agreement, where Defendant leased the property situated in the City of Denver, County of Denver, in the State of Colorado, the address of which is 1534 S. York St, Denver, CO 80210 (the “Premises”). (Exhibit A). 
  2. The Term of the Lease was stipulated to run from September 1, 2018 to August 30, 2020. The Parties further agreed that the term would renew automatically for a further 12 months. 
  3. The Parties also agreed that the rent would by 5% in every term renewal. 
  4. The Agreement also provided that upon an early termination by the Plaintiff, the Plaintiff would credit Defendant with a one month’s rent plus any other prepaid rent. The Parties also agreed that the Defendant would pay Plaintiff one month’s rent in the even Defendant terminated the Agreement early. 
  5. Additionally, the Parties agreed to a Security Deposit in the amount of $ 5000. 
  6. Another key provision of the Agreement is that the parties were supposed to prepare a notice not to renew lease in the event they did not intend to renew the lease. 
  7. It follows; Defendant left the lease without following the due procedure stated in the Agreement. 

Claims

Breach of Lease Agreement

  1. The Lease Agreement entered between Defendant and Plaintiff contained express provisions regarding the conduct of the Parties during the lease and how the Parties would conduct themselves at the termination of the Agreement.
  2. Defendant breached the Agreement by failure to follow the said provisions. Notably, Defendant failed to pay rent in September 2019, which failure accrued late fees. 
  3. Plaintiff suffered financial loss as a result of Defendant’s breach in the following manner:

 

PRAYER FOR RELIEF

WHEREFORE Plaintiff respectfully requests that the Court:

  1. Grant Judgment in favor of Plaintiff.
  2. Make an Order for compensatory damages as a result of the breach of the Agreement by the Defendant, to the amount of $3558.64.
  3. Grant any other Order this Honorable Court deems just and fit. 

 

DATED:

Respectfully submitted,                

 

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], copies of the foregoing Complaint have been sent to the Defendant in the following address:

 

[ENTER DEFENDANT’S ADRESSES]

Exhibit A

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