Eviction case with a few curveballs

99lives

New Member
Jurisdiction
Texas
Have resided in an apartment for two years. I am not named on the lease. In may, the apartments filed an eviction on my roommate, the named person on the lease. The judgement was ruled in favor of the plaintiff. My roommate then filed an appeal etc. The final disposition was scheduled this month, and court records indicate the case was dismissed for want of prosecution.
So, are we no longer evicted, and they would have to start eviction process all over again, or what exactly? And can the apartments and/or local police department legally issue a criminal trespassing warning against me or any other resident of the apartment, whether named on the lease or not. Dont we have some right to our residence and property?
 
The judgement was ruled in favor of the plaintiff. My roommate then filed an appeal etc. The final disposition was scheduled this month, and court records indicate the case was dismissed for want of prosecution.

Wait. What, exactly, was dismissed? A dismissal of the appeal wouldn't change the eviction judgment because the eviction judgment wasn't overturned.

You and your roommate are going to have to review the court records and figure out what really happened.

Or, yes, you could be put out of the rental.
 
Have resided in an apartment for two years. I am not named on the lease. In may, the apartments filed an eviction on my roommate, the named person on the lease. The judgement was ruled in favor of the plaintiff. My roommate then filed an appeal etc. The final disposition was scheduled this month, and court records indicate the case was dismissed for want of prosecution.
So, are we no longer evicted, and they would have to start eviction process all over again, or what exactly? And can the apartments and/or local police department legally issue a criminal trespassing warning against me or any other resident of the apartment, whether named on the lease or not. Dont we have some right to our residence and property?
Did the LL give permission for you to live there? or did your roommate violate his lease by renting you a room in his apt?
 
Did the eviction name only your roommate? Did it list "all other occupants" or any other generic language that would include you?
If not, YOU have not been evicted. Your roommate may be trespassed if not out on time.
 
Did the eviction name only your roommate? Did it list "all other occupants" or any other generic language that would include you?
If not, YOU have not been evicted. Your roommate may be trespassed if not out on time.
All eviction documents were addressed to my roommate and all other occupants. The morning the case was dismissed, before the ink was even dry on the documents, the apartment property manager and two city police officers accosted me at the residence to issue the criminal trespass warning and remove me from the property, with no opportunity to collect any personal items or pets. All my personal belongings, pets, everything i own is at that residence and they are now making it both impossible and illegal for me to be present at my own residence or even retreive any personal belongings or my animals
 
Again, what case was dismissed?

You wrote that there was an eviction judgment and your roommate filed an appeal. You haven't explained what happened there. Do you even know?
 
Again, what case was dismissed?

You wrote that there was an eviction judgment and your roommate filed an appeal. You haven't explained what happened there. Do you even know?

Yes, the appeal was dismissed for want of prosecution. The day the notice of the dismissal was given is the day the apartment manager and police issued the criminal trespassing warning and made me leave the premises
 
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Your eviction documents should indicate how to gain access to your property. Police will usually be willing to do a civil standby to allow you to get your stuff and get out.

You apparently didn't make good use of your time after the eviction was ordered. Should have planned to be out even with pending appeal
 
There is no prosecution taking place with an eviction.
In this case, "lack of prosecution" means that the person putting forth the matter (in this case, the appellant) either did not show up or otherwise did not properly move forward with the matter.
 
Yes, the appeal was dismissed for want of prosecution. The day the notice of the dismissal was given is the day the apartment manager and police issued the criminal trespassing warning and made me leave the premises
That means that the original judgment for eviction stands. You need to leave.
 
Here's what I'm seeing.

The landlord evicted you.

Your roommate appealed, and the appellate court dismissed the appeal because your roommate didn't prosecute the appeal.

That means the eviction stands. Move out. It's just that simple.
 
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