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  1. #1
    aleetaylor is offline Junior Member
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    Eviction hearing results!

    What is the name of your state? TX


    Quote Originally Posted by aleetaylor
    What is the name of your state? TX

    I was in the hospital & lost my job in July. My boyfriend & I have been late on the rent however; we have been in communication with the leasing manager. Long story short; we were locked out even though he said he would work with us. As a result of the lock-out procedures not being followed, I was unable to get into my apartment to fax in paperwork required and was not paid for that period of unemployment.
    When we went to the office to get a key; we informed the leasing manager that we would be filing a lawsuit on the complex for not posting a notice on the door with a # etc... his first response was "What is it you guys want?" then he proceeded to tell us (after I explained to him what had happened with my check - I have to appeal the issue & it could take weeks) that he would continue to work with us and to just bring him what we could when we got it. That was on a Thursday, Monday morning he filed an eviction.

    My eviction hearing in 10-11-05 but the courthouse said my lawsuit hearing could take up to 45 days. We are suing for 2 months rent & $1,000 because there were 2 different parts of the statute he did not follow. I understand that what we owe him would come out of the judgment, and our case is pretty black&white. He broke the law, he needs to pay. But we are going to be homeless in 2 days and it will be another month before our courtdate ... can I file a motion for continuance on an eviction hearing pending the results of our hearing - or will I have to sleep in my car until then?

    HELP!
  2. #2
    aleetaylor is offline Junior Member
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    Talking We Won!!

    DISMISSED!

    i realized something early this morning ... I'm on the lease, my bf beau is listed as an occupant. The only notice they sent (the one they told me to disregard in the beginning of the month) was addressed to beau.

    The judge called us. The mgr showed him the notice he is claiming was the 3day notice. I was asked if I recognized it. I said yes. The mgr showed the judge the lease, I again stated that I recognized it. The judge asked the mgr what he was seeking, the mgr gave him a $ - i objected. The mgr was asking for more than what he sued for! Cant do that ... The judge then asked me if I had a defense.

    I informed him that the notice was something I was told to disregard, and that it was irrelivant bc it wasnt even addressed to me. The judge stopped and looked at it, then the lease. He then looked at the mgr like he was retarted and said "you sent the notice to one person, but ur suing another?"
    the apt mgr said "well they both are living in the apartment"
    The judge said "that doesnt matter-you are suing HER, not both of them. U didnt give HER sufficient notice. You gave notice to the occupant, but you are suing the person on the lease."
    The mgr just looked at the floor. To support my insufficient notice theory I also mentioned (although did not go into alot of detail) that not only was I not given sufficient notice for the eviction - I was also illegally locked out without notice before or at the time of the locks being changed. The judge asked the mgr if he had a rebuttal - the mgr just looked at the floor & mumbled no.

    The judge then asked me if I had anything else to add - "Yes your honor, I move for a dismissal of this case." The judge already had the samp in his hand - he was just waiting for me to say it! He stamped the papers and started writing something (not sure yet what it says - im going to get copies tomorro) but that 10-15sec. felt like FOREVER! Then he said ""The defendant has moved for a dismissal, the motion is granted & this case is hereby dismissed without predjudice" WHOO-HOO! the manager ran out of there! lol

    I know hes gonna send me & notice & refile, but I have all the evidence to show it was dont in retaliation when I told him I was going to sue him for the illegal lockout. Im sending a certified "Demand that Retaliatory Action Cease" letter today. I may loose - but I won this one & if the judge sees him threatening me with an eviction if I filed my suit as retaliation ... I may have a shot. Unfortunately, the clerk told me today that it may be JAN before MY case gets heard.

    Im also considering modifying MY suit and asking for more bc they filed an answer denying all accusations and demanding proof. I dont think $1000 is for all the stress - i mean ive lost $1200 in unemployment alone... Im still thinking about it...

    So i may still get evicted before my suit against the apartments goes to trial...

    BUT when my case DOES get heard - Im pretty confident I will win. The eviction hearing has now shown presidense & laid foundation that the apt mgr does not comply with the statutes for giving notice when taking action against his tenants. Not to mention the retaliation factor ... I think my suits in the bag. Atleast we have an extra 10 days or so. I'll keep you guys posted.

    One day at a time cause thats all you get anyway!

    - and the mgr might want to work on his resume b4 typing up my notice!
  3. #3
    south is offline Senior Member
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    Nothing is in the bag ... without prejudice means the landlord can file again under the same action... next time I would imagine he will get it right...

    It is not unusual to mess up an eviction or make a mistake on paperwork it happens all the time, that also does not mean it sets a precedence for loss for all future cases the landlord takes to court against you or anyone else.

    He can still win the next one by filing all paper work correctly and it also does not mean you will win anything you do against him by waving the dismissed paper work that clearly has the words 'without prejudice' on it or quoting that he did not comply with statutes on a previous case blah blah blah.





    Quote Originally Posted by aleetaylor
    DISMISSED!

    i realized something early this morning ... I'm on the lease, my bf beau is listed as an occupant. The only notice they sent (the one they told me to disregard in the beginning of the month) was addressed to beau.

    The judge called us. The mgr showed him the notice he is claiming was the 3day notice. I was asked if I recognized it. I said yes. The mgr showed the judge the lease, I again stated that I recognized it. The judge asked the mgr what he was seeking, the mgr gave him a $ - i objected. The mgr was asking for more than what he sued for! Cant do that ... The judge then asked me if I had a defense.

    I informed him that the notice was something I was told to disregard, and that it was irrelivant bc it wasnt even addressed to me. The judge stopped and looked at it, then the lease. He then looked at the mgr like he was retarted and said "you sent the notice to one person, but ur suing another?"
    the apt mgr said "well they both are living in the apartment"
    The judge said "that doesnt matter-you are suing HER, not both of them. U didnt give HER sufficient notice. You gave notice to the occupant, but you are suing the person on the lease."
    The mgr just looked at the floor. To support my insufficient notice theory I also mentioned (although did not go into alot of detail) that not only was I not given sufficient notice for the eviction - I was also illegally locked out without notice before or at the time of the locks being changed. The judge asked the mgr if he had a rebuttal - the mgr just looked at the floor & mumbled no.

    The judge then asked me if I had anything else to add - "Yes your honor, I move for a dismissal of this case." The judge already had the samp in his hand - he was just waiting for me to say it! He stamped the papers and started writing something (not sure yet what it says - im going to get copies tomorro) but that 10-15sec. felt like FOREVER! Then he said ""The defendant has moved for a dismissal, the motion is granted & this case is hereby dismissed without predjudice" WHOO-HOO! the manager ran out of there! lol

    I know hes gonna send me & notice & refile, but I have all the evidence to show it was dont in retaliation when I told him I was going to sue him for the illegal lockout. Im sending a certified "Demand that Retaliatory Action Cease" letter today. I may loose - but I won this one & if the judge sees him threatening me with an eviction if I filed my suit as retaliation ... I may have a shot. Unfortunately, the clerk told me today that it may be JAN before MY case gets heard.

    Im also considering modifying MY suit and asking for more bc they filed an answer denying all accusations and demanding proof. I dont think $1000 is for all the stress - i mean ive lost $1200 in unemployment alone... Im still thinking about it...

    So i may still get evicted before my suit against the apartments goes to trial...

    BUT when my case DOES get heard - Im pretty confident I will win. The eviction hearing has now shown presidense & laid foundation that the apt mgr does not comply with the statutes for giving notice when taking action against his tenants. Not to mention the retaliation factor ... I think my suits in the bag. Atleast we have an extra 10 days or so. I'll keep you guys posted.

    One day at a time cause thats all you get anyway!

    - and the mgr might want to work on his resume b4 typing up my notice!
    Last edited by south; 10-12-2005 at 01:36 PM.
  4. #4
    sinnnamon is offline Junior Member
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    Talking I TOLD YO, You were going to BE OK

    Hey!
    I told you were gong to win and now you have all the info to pass that on to help someone else!! I'm so happy for you. Great now, just take care of your rent and if you need help, call me or im me on yahooo messenger.


    Good Luck!
    Cinnamon
  5. #5
    south is offline Senior Member
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    3ft from the kitchen
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    Another idiot example of the blind leading the blind...

    The landlord can refile its no big deal just a matter of time...

    'Without Prejudice' to repeat myself means the landlord can refile under the same action so your pal my as well hang around the court rooms for a while.


    Quote Originally Posted by sinnnamon
    Hey!
    I told you were gong to win and now you have all the info to pass that on to help someone else!! I'm so happy for you. Great now, just take care of your rent and if you need help, call me or im me on yahooo messenger.


    Good Luck!
    Cinnamon
  6. #6
    Gadfly is offline Senior Member
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    Sep 2005
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    Sunny Fl
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    1,162
    so, is the rent caught up and all late fees paid?

    When the LL said he, "would work with you" what did HE mean and what did YOU THINK he intended to do. Was there a payment plan established and did you stick to it?
  7. #7
    sinnnamon is offline Junior Member
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    13

    Talking hEY IGNORE STUPID COMMENTS FRPM MEMBER south

    hey,
    don't forget to ignore haters from the member named South, most tend to envy the wise and love the ridicles, on this site these ignorant ones never first to help but say dumb and stupids, butnever come to help a neighbor in need and he talks about refiling, no said nothing about refiling even if lanlord did, I will congradulate you 100 times over again. keep you head up and like i said starve yourself the negative and feed hungerily on the positive!!!

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