My partner and I have a legal dispute with our prior landlord. It’s a pretty clean cut case in our favor as he is in clear violation of landlord/tenant law. He’s refusing to pay back the security deposit after the statutory allotted time. We are unmarried. Can I appear pro se and as my partner’s attorney in the same case?

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Generally pro se plaintiffs cannot represent another person. There is some exceptions in some jurisdictions if the other person is the plaintiff’s minor child. But what you can do is represent yourself as an attorney and your partner. Just don’t file as a pro se just file as the attorney of record

helpfullike

That’s a very helpful and important nuance! Thank you!

Well, where are you and who was on the lease? Depending on where you are, you could sue in small claims court depending on the amount.

Thank you!!

I had the same thing happen to me. I paid a lawyer I think $250 to send a letter and the landlord paid me back. I made the decision that I didn’t care about the atty fee or trying to get treble damages, but if you want to spend time doing that, it’s an option.

Yeah I decided to get a lawyer (despite also being a lawyer) in case he didn’t pay it back after the demand letter. I thought it would be better having the option for the rando landlord tenant lawyer handle it soup to nuts if necessary.

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I see you mentioned that you are in Texas. The first thing you need to understand is that so called "laws" and "procedure" don't matter in JP Court. Most JPs are not attorneys and they are just going to do what the feel is right and don't like being corrected. JP is probably not going to give you attorneys fees regardless of what the statute says. You got de novo appeal in county court where the judges at least have a law degree and are marginally----very marginally----more intelligent.

Nevermind, realized that was just a comment about Texas. Either way, in most states anything flies in small claims court

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