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  1. #1
    bender4225 is offline Junior Member
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    Jul 2010
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    Tenant Evicted - Pauper's Affidavit

    What is the name of your state (only U.S. law)? Texas

    Ok first off, I am a landlord in Travis county, Texas. I have won an eviction case against my tenant. He was supposed to be out of the house today. I got a call from court and he is filing a pauper's affidavit and wants to appeal.

    History, he owes 3 months in rent and admitted so in court. I feel there is no grounds for an appeal. I feel he only wants to appeal so he can get the extra 5 days in the house.

    I have had to file charges against him for assault by threat (threatened to kick my A$$. He refuses to leave, now wants to appeal and claims he has no money for the bond. I saw on his facebook page, he is planning a huge party at a hotel next weekend. I printed that and hope to use it against him in court (I am contesting his pauper's affidavit) Will that facebook page be admissable in court? This guy is nasty and it has gotten way too personal, but what else can I do when he has threatened harm to me and my family? I want him out, have tenants ready to move in now, but he is dragging. Neighbors tell me he has moved alot of stuff out, but he is still there, living rent free even after the judge told him he had 5 days to get out. NEED ADVICE!
  2. #2
    acmb05 is offline Senior Member
    Join Date
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    Location
    Tennessee
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    Quote Originally Posted by bender4225 View Post
    What is the name of your state (only U.S. law)? Texas

    Ok first off, I am a landlord in Travis county, Texas. I have won an eviction case against my tenant. He was supposed to be out of the house today. I got a call from court and he is filing a pauper's affidavit and wants to appeal.

    History, he owes 3 months in rent and admitted so in court. I feel there is no grounds for an appeal. I feel he only wants to appeal so he can get the extra 5 days in the house.

    I have had to file charges against him for assault by threat (threatened to kick my A$$. He refuses to leave, now wants to appeal and claims he has no money for the bond. I saw on his facebook page, he is planning a huge party at a hotel next weekend. I printed that and hope to use it against him in court (I am contesting his pauper's affidavit) Will that facebook page be admissable in court? This guy is nasty and it has gotten way too personal, but what else can I do when he has threatened harm to me and my family? I want him out, have tenants ready to move in now, but he is dragging. Neighbors tell me he has moved alot of stuff out, but he is still there, living rent free even after the judge told him he had 5 days to get out. NEED ADVICE!
    Nothing you can do except wait to go back to court for the appeal. Unfortunately he has the right to do that.
  3. #3
    bender4225 is offline Junior Member
    Join Date
    Jul 2010
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    3

    UPDATE from original poster

    Ok so the judge denied his paupers affidavit. The tenant brought NO PROOF with him that he could not afford the bond for appeal. I asked him for copies of bank statements, check stubs, and receipts for rent on his new place. He could produce nothing. Judge ruled in my favor.

    Now the catch is this: He has 5 days to appeal her decision, so he gets another 5 days in the house rent free. Now Im realizing that it may have been better NOT to contest the paupers affidavit. If I had not contested, the judge would have still given him 5 days to either post the bond or vacate, but no more chances at appeal.

    Its sad, but these people know the system and they use it to their advantage. My tenant is not a bright man, but one thing he knows is eviction law. He knows every loop hole and uses them to his advantage. The judge even admitted so, but she can't do anything because he is working within the boundaries of the law. Im patiently waiting for justice to be served.

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