I sent him notice that I was moving out in 45 days when I found out he was losing the house. I was current with rent, left the house immaculate (took pics, videos, and a statement from this real estate agent that I left the home in beautiful condition).

He agreed in writing to my move-out date, and also put in writing that HE broke our lease. I did not pay him the last month’s rent (00) because he owed me the 00 security deposit and another 5 in lawncare expenses and some smaller maintenance expenses (I have that in writing from him, too). As he had filed BK I did not feel he would pay me those monies which I why I did not pay the last month’s rent.

LOOOONG story short, he sued me for the last month’s rent, added on another 00 for the 5 days extra I took to finish moving out (he was not offering the home to rent to anyone else, no one was viewing the home – he lost no money as a result of those 5 days).

The day of court, I showed up with my attorney, all my paperwork, receipts, etc and my landlord did not show up but his attorney did. 11 months later I missed a follow-up court date as I was NEVER served or sent notice of the appearance and of course, a default judgment was made, plus fees for his attorney and court costs.

Sorry, long-winded – but here is my question: Can I sue the landlord for return of my security deposit, the lawncare service fees, etc – all the things I have in writing that he owes me? The attorney I had initially hired cost me 0 to show up in court the day my landlord did not. As he already filed for bankruptcy, if I won, he would have to pay me, correct? He is working – I know what company he is now at.

I am in IL and he is in TX which I understand has some kind of homestead rule where creditors cannot put liens on property or garnishee paychecks.

Thank you for advice!
Thank you both very much for replying.

The ex landlord filed his BK over a year ago, so I would think it would be completed by now. I figured anything he gets sued for after it is discharged, he would need to pay? I am certain the money he owed me was not included in his filing – I was never contacted by the court as a creditor.

I do not have funds right now to pay my attorney additional money (got laid off a few months back). So…no money for him – no help from him.

Regarding my getting served about the second court date – no I did not move. When I called the landlord’s attorney, he stated he sent me a notice via regular mail to my correct address. Did not get it. I am working on getting the judgment set aside, but as I found out about the default judgment more than 30 days after the fact, this is a bit difficult.

You are good folks for helping me out – thanks!

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Also, I AM in a judicial state with homestead which is Florida. You say you’d just demand the note. However, I’ve heard from all these Republican bank-loving idiots online say these banks have all the records and we commoners can’t really demand them anyway without an attorney. Is that true? If not, how can I do that now and just get out of this mess?

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