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Eviction dismissed

Discussion in 'Eviction, Recovery of Premises' started by ShantaBrown, Jan 13, 2017.

  1. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    Jurisdiction:
    Texas
    Today I had to go to court because of an eviction. The Manager or assistant manager didn't show up... So the judge dismissed my case... What is the next step to take?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Depends.

    What was the cause for the eviction?

    What's the history of the issues?

    You know: dates, details, who did what or didn't do what, etc.
     
  3. army judge

    army judge Super Moderator

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    If you owe unpaid rent, now might be the time to negotiate paying said rent.

    If you we're being evicted for allegations relevant to breaking the terms of your lease, now might be the time to mend your errant ways.
     
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  4. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    It was for unpaid rent and lease violation which add up more then my rent.. I was going up there every other day to talk to the manager... She was saying she understand but then when I went to pay my rent they said no the BOSS filed an eviction on me.. So yesterday I went to court and they was a no show... The judge had dismissed it.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    What was the violation? If it was a curable violation and you cured it and then the rent was refused, they wouldn't be successful in evicting you.

    If the violation wasn't curable, they were foolish not to show up as they would have to start all over again with a fresh termination notice and new eviction filing.

    Again, what was the violation?
     
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  6. army judge

    army judge Super Moderator

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    The BEST and SAFEST thing to do when your money, your freedom, or your livelihood in on the line is to seek REAL LEGAL ADVICE from a licensed attorney in your jurisdiction.

    Monday meet with at least three landlord-tenant lawyers, or real estate attorneys in your county.
    Generally a lawyer will meet with you for a free consultation.

    After you've invested in obtaining accurate, real, useful legal advice; you'll be better prepared to determine just what to do next!!!!
     
  7. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    The violation was for me having a little dog. The second one was for extra occupants and thrid one was patio not clean that added up to $650.... But she told me I was just getting a violation about my patio... And to top it off this is a bad neighborhood... The manager and assistance manager are scared to knock on the apartment doors.
     
  8. army judge

    army judge Super Moderator

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    Consider your options.
    If its a crime riddled neighborhood, it might be in your best interest to discuss your departure.
    Sometimes we see something as a curse, when its really a blessing.
     
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  9. adjusterjack

    adjusterjack Super Moderator

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    That's curable. If dogs are prohibited you get rid of the dog. If you want to keep the dog you pack up and leave.

    That's curable, too. If your lease limits your occupancy, you get rid of the additional occupant.

    Did you clean the patio after the warning or did management have to clean it and then charge you for the work?

    Never rely on what you are "told." It's what's in writing that counts. Like in the termination and eviction notices.

    Then maybe you should find a better place to live.
     
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  10. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    And I also was complaining about my apartment... My floor in my bathroom
    I bn having my dog for a year now and they never said anything about her til I started complaining about my apartment falling apart
     
  11. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    I cleaned it myself that day and still got a violation
     
  12. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    I don't have nobody staying wit me... It was the holidays and some of my family members stayed over
     
  13. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    I'm looking at it as a blessing to
     
  14. adjusterjack

    adjusterjack Super Moderator

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    Given all your details my guess is that they didn't show up in court because they knew the eviction was bogus and it would get dismissed anyway once you explained all that.

    What are your plans now?
     
  15. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    To move asap... Im looking for another apartment
     
  16. adjusterjack

    adjusterjack Super Moderator

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  17. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    I go and check my mail today and they set another court date for the eviction... What I need to do? They already dismiss the first one.
     
  18. army judge

    army judge Super Moderator

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    You need to appear for the date indicated on the document notifying you of the court date.
    However, the mere filing of an eviction proceeding against you, much less losing such a proceeding can cause you NOT to be able to rent decent housing for 20-30 years, if not forever.

    If I were you, I'd try to settle this by having the LL dismiss the latest filing.

    If your efforts fail, rent another home or apartment ASAP, before your record is ruined and your FICO is destroyed.

    Bottom line, its time to make nice and make a deal, to avoid having an eviction destroy your life.
     
  19. ShantaBrown

    ShantaBrown Law Topic Starter New Member

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    Ok... I went to court again and they didn't show up once again... So it was dismiss again.. So today they called me and told that the BOSS want to call the constable and when I'm moving out.... Im moving out but can they call the constable on me due to them not showing up to court not once but twice??
     
  20. army judge

    army judge Super Moderator

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    If the case was dismissed, the constable cant evict you.
    The LL has no court order.
    It appears their trying to bully and bluff you out.
    You seem to have the upper hand.
    You might want to go to, don't call, go to the nearest legal aid office.
    See if there's something a legal aid lawyer can fifer you, or do for you.

    Remember, you want to get out.
    I think your LL is trying to get you to break your lease illegally.
    Be careful.
    You don't want to do that, just leave.
    You need real legal help.
     

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