How to Fight an Eviction

How to Fight an Eviction

BY ALLY HARRIS & JULIA ORDUÑA

Lesson Objectives

Learners will understand the eviction process

Learners will understand how to protect themselves at every stage of the eviction process.

Learners will be able to use the available tools in fighting against an eviction.

Image: Adobe

Best practices to avoid being evicted

• Always be paid up on rent
• Be proactive - Tenants don't have a lot of defenses in Texas
• Enlist legal help
• Watch court with Texas Houser's HESN to get a feel for how court works

Our shorthand

• JP: Justice of the Peace (aka, an eviction court judge)
• NTV: Notice to Vacate
• LL: Landlord
• CDC: Center for Disease Control and Prevention
• WP: Writ of Possession

An overview of THE EVICTION PROCESS IN TEXAS

Step 2: LL Files Eviction

Step 3: Court Hearing

Step 4: Judgment

Step 5: Writ of Possession

Step 1: Notice to Vacate

Eviction is filed in corresponding JP court

WP issued in 7 days

LL & tenant appear before the JP

LL delivers NTV to tenant

Constable serves eviction notice to tenant

Tenant has 5 days to appeal judgment

24-hour vacancy notice is put on door

Hearing must be minimum 10 days from filing date

3-day notice before LL can file suit

Judgment entered by JP

Constable arrives following day to ensure tenant has vacated

LL & tenant submit documents to court

Eviction defense: Talk to your landlord

• Negotiate an agreement that benefits both parties
• Agree on a payment plan or work trade
• Get a signed and dated agreement in writing

• Link to a payment plan template

Step 1: the Notice to Vacate

• LL serves NTV, otherwise known as an eviction notice
• NTV must follow specific guidelines to be valid:

-Tenant must be given the 3 days' notice before filing in court -Date & time of eviction must be stated -Delivery method must be correct -And more

Eviction Defense: the NTV

• Do NOT self-evict
• Keep a paper trail
• Contact Legal Aid the moment NTV is received
• If the NTV doesn't comply, the eviction can be challenged in court
• LL should not force a tenant out by using retaliatory means

Ask yourself: Is this eviction legal?

• Proper NTV notice given
• Reason for eviction is valid
• Evictions are illegal if they are on the basis of:

-Race -Sex -National origin -Disability -Family status -Retaliation

• Get legal assistance

Step 2: LL files for eviction

• LL opens eviction case in JP court
• Tenant will be served with papers at least 6 days before the trial
• Avoiding receiving the eviction papers does not relieve a tenant from going to court

Did you know?

• In the US, about 90% of LLs have legal representation, while only 10% of tenants do
• The state of Texas is not required to provide tenants with an attorney for eviction court (no right to counsel)
• Representation drastically improves a tenant's ability to win a case

From Matthew Desmond’s “Unaffordable America: Poverty, housing, and eviction,” Fast Focus 22 (2015).

Eviction defense: Building the case

• Collect the evidence
• Know your rights

Things to consider when building your case:

• What is the LL suing for?
• What legal standing does the tenant have?
• Is there a paper trail?

Step 3: court hearing

• Submit records to the court before the hearing
• Stick to the facts
• JPs have a low tolerance for “he said, she said”

• Have any new evidence on hand
• Present clearly, calmly, and professionally

Eviction defense: the hearing

• You MUST show up to the court hearing!
• Be early to your court hearing
• Be formal and respectful
• Have all evidence on your person

Step 4: types of judgments

• For the Plaintiff: LL wins
• Default Judgment for the Plaintiff: LL wins automatically if the tenant doesn't show up for court
• Abated/Reset: No judgment passed during this hearing; Case is still active and will have another trial
• Dismissed: No judgment; Case closed

EVICTION DEFENSE: Appealing the judgment

• The party who loses the case has 5 days to appeal the judgment with the court
• The JP should announce this at the end of the hearing and include the amount of the appeal bond
• A Pauper's Affidavit can be submitted
• Tenant's rent will be paid into the court registry

Step 5: writ of possession

• Writ of possession:
• An order issued by the court that directs the constable to seize or take control of the premises and give possession to the LL

• It is illegal for the LL to remove the tenant before being granted possession by the court
• In Texas, you may wait for the constable to carry out the eviction

Resources

• Houston's Eviction Solidarity Network (run by Texas Housers)

• Texas Law Help (A great general resource for learning the laws)

• Texas Legal Aids (for legal representation):

• Texas RioGrande Legal Aid

• Lone Star Legal Aid

• Legal Aid of NW Texas

• Illegal Eviction Procedures by State

• Appealing an Eviction

• National Coalition for a Civil Right to Counsel

• BASTA – Austin's Eviction Solidarity Network