2 judges one eviction case 0 answers

[Anthony163]

What is the name of your state?Tx

Hello, I will not bore anyone with a back story, instead I will get right into the facts.

We were being evicted for reasons we felt were not legal. We went to court and neither we, or the landlord was ready. The judge ruled in the landlord's favor but did not order any back rent, court cost, and 0 dollars for appeal bond amount, and tenant portion of rent. We felt like we did not get a fair shot so appealed. The courts told us while waiting for the appeal we would need to pay our rent to the courts directly. When we tried to do this the clerk said there was 0 balance so she could not take our money. We tried to pay the landlord she said she didn't want our money she wanted our [behinds] out. So we saved up the money to move out because of all we went through.

The appeal happens a few weeks later, we showed up prepared and the cleaning lady she has show up in her place is not and knows nothing about the case. She couldnt answer anything correctly ; it quite embarrassing watching her struggle this way. The judge really did not know what to say, he could not make a ruling right then and there,so for the past few deals the appeal is stuck on pending. We called yesterday to make sure. Mean while we paid our deposit for the new place just in case things go awry..

To our surprise we get an order to leave from the first judge with the first eviction order attached to it! From what I was told we have 5 days if we lose the appeal but this has yet to happen. We do not have the other half of the rent for the new place yet.

Can the first judge order us out despite the fact the appeal is pending and on what grounds?

 

[Just Blue]

What is the name of your state?Tx

Hello, I will not bore anyone with a back story, instead I will get right into the facts.

We were being evicted for reasons we felt were not legal. We went to court and neither we, or the landlord was ready. The judge ruled in the landlord's favor but did not order any back rent, court cost, and 0 dollars for appeal bond amount, and tenant portion of rent. We felt like we did not get a fair shot so appealed. The courts told us while waiting for the appeal we would need to pay our rent to the courts directly. When we tried to do this the clerk said there was 0 balance so she could not take our money. We tried to pay the landlord she said she didn't want our money she wanted our [behinds] out. So we saved up the money to move out because of all we went through.

The appeal happens a few weeks later, we showed up prepared and the cleaning lady she has show up in her place is not and knows nothing about the case. She couldnt answer anything correctly ; it quite embarrassing watching her struggle this way. The judge really did not know what to say, he could not make a ruling right then and there,so for the past few deals the appeal is stuck on pending. We called yesterday to make sure. Mean while we paid our deposit for the new place just in case things go awry..

To our surprise we get an order to leave from the first judge with the first eviction order attached to it! From what I was told we have 5 days if we lose the appeal but this has yet to happen. We do not have the other half of the rent for the new place yet.

Can the first judge order us out despite the fact the appeal is pending and on what grounds?

What was the reason for the eviction?

 

[Anthony163]

What was the reason for the eviction?

She say we miss pay ment. When we went to court the judge did not wish to listen to either if us because us or the lady couldnt produce a lease. So he said "I'll tell you what I'm going to do for now" then he said 0 dollars for this that and the third..I say we want to appeal he tells me you know the routine case closed.

We wanted to show him receipts and the lady never gave us vacate notice. He did not want to hear any of it. In and out type judge

 

[Zigner]

If you were supposed to pay rent, then you will still owe it. You should (have) opened a new bank account and deposited the rent money there each month so that you could show a good-faith effort to comply. The fact that you haven't saved enough to move is your problem.

 

[Anthony163]

I have the money to pay rent. My issue was I never missed rent payment. The judge did not want to see my receipt. In Texas they have to issue vacate notice. The land lord never issue us 3 day notice

 

[Anthony163]

Is it possible to get a stay on writ of possesion. I want to go to court if appeals

 

[Zigner]

I have the money to pay rent. My issue was I never missed rent payment.

Then what did you mean by this?

The courts told us while waiting for the appeal we would need to pay our rent to the courts directly. When we tried to do this the clerk said there was 0 balance so she could not take our money. We tried to pay the landlord she said she didn't want our money she wanted our [behinds] out. So we saved up the money to move out because of all we went through.

 

[adjusterjack]

Can the first judge order us out despite the fact the appeal is pending and on what grounds?

He can because he did.

File a motion for reconsideration or stay on the grounds that the appeal is in progress.

Or, just move out ASAP and put an end to the hassle.

 

[bcr229]

With a signed eviction order it's a good bet that the landlord will show up with some sheriff's deputies in the near future and all your stuff will end up on the curb to be picked over by anyone passing by if you aren't there to keep an eye on it. Anything you have of value needs to be secured elsewhere.

Start packing and get out ASAP. The landlord obviously doesn't want you there.

 

[Anthony163]

I applied for a stay and hired an attorney. So far I'm good for a bit. Thanks guys