Retaliation of Landlord suit

[Justin98]

Jurisdiction

Texas

my family and I have been in a property for three years. Yes, we have paid the rent but we have been late just because pay periods do not fall on the date that rent is due. so therefore the landlord is filing eviction. There are many other reasons and altercations that have happened between the landlord. For example, him assaulting me in front of my kids. Another scenario is him unlocking the front door and coming in the house while I was asleep as well. I have a hearing this upcoming week how do I file for retaliation of Landlord? Do I file it on the same day of the eviction hearing or do I just go ahead and file it? to my knowledge I can file up to 20,000 the max as long as I represent myself instead of having to hire counsel. Please help with ideas and input


I forgot to mention as well, the landlord raised the rent because we were always late every month

 

[army judge]

I forgot to mention as well, the landlord raised the rent because we were always late every month

Evictions
An eviction must be filed in the Justice precinct where the rental property is located.
Texas Property Code, Sec. 24.005 sets out the notice requirements for eviction suits. (Unless the notice requirements are stated in the signed lease.)
The notice to vacate must be in writing and should be unconditional, i.e., it should tell the tenant to vacate by a specific date in no uncertain terms.
Unless there is an agreement between the parties shortening the notice requirements, the landlord must wait three days after the notice to vacate is served before filing the eviction.
When filing, the landlord should bring the following:
A copy of the lease
A copy of the notice to vacate
$134.00 for filing and service on one person (additional service is $80.00 per person)
All work and residence addresses and telephone numbers of the tenant(s) known by the landlord.

Generally, all parties named in the lease should be sued and served with a citation in the eviction proceeding.

Any judgment granted will run only against those who are specifically named and served.

The owner's agent may file any type of eviction suit and may represent the owner at any default judgment hearing.

If the case is contested an agent may represent either party if the case involves non-payment of rent or holding over.

The parties, agents, or their attorneys must try all other types of evictions if the case is contested.

A suit for rent may be filed with the eviction suit if the amount due is within the jurisdiction of the justice court (<$20,000).

Charges for items other than rent cannot be joined with suit for eviction.

A court date will be set at the time the eviction is filed with the court.

This date will appear on the Defendant's citation.

Both parties are expected to appear at that date/time.

Any continuance request must be in writing, and filed 3 days prior to the hearing date.

At any time prior to the trial, the Parties can agree in writing to a continuance and submit that request to the court.

Under the Texas Rules of Civil Procedure, either party to the lawsuit has five days to appeal the courts decision.

The filing of an appeal bond (2x amount of judgment) or paupers oath (inability affidavit to pay plus one month's rent) within those 5 days may perfect the appeal by that time completes the appeal.

Under a pauper's oath, defendant must post one month's rent within 5 days of the filing of the appeal.

A properly filed appeal stops all further justice court proceedings until there is a resolution by the county court-at-law.

If a landlord gets a judgment of possession and defendant does not appeal, the landlord may obtain a Writ of Possession from the court after the five (5) day period for appeal has passed.

The writ fee of $165.00 is payable to JP court to involve the Constable's Office in removing the tenant and their personal property from the premises.

Questions involving the execution of the writ of possession should be directed to the appropriate constable's office.

An Immediate Possession Bond can speed the evictions process.

Ask the civil clerk for details.



Evictions


https://services.austintexas.gov/edims/document.cfm?id=299042



Evicting a tenant in Texas can take around 1 to 3 months, depending on the type of eviction. If tenants request a continuance or jury trial, the process can take longer.

Grounds for an Eviction in Texas
In Texas, a landlord cannot legally evict a tenant without cause.

Legal grounds to evict in Texas include:

Not paying rent on time
Staying after the lease ends
Violating lease terms

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 3 Days No
End of Lease/No Lease 1 Month No
Lease Violation 3 Days No

Nonpayment of Rent
In Texas, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days' notice to vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

If rent is due on January 1st, it will be considered late starting on January 3rd, unless the lease specifically states there is a longer grace period.

Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.

Lease Violations

In Texas, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Texas landlord-tenant law. To do so, landlords must first provide a 3 days' to vacate. Landlords are not required to allow the tenant to fix the issue and they must move out.

Lease violation examples include:

Illegal activity
Unauthorized pets
Disturbing other tenants or neighbors
Not keeping the premises clean and sanitary
Not informing the landlord of any defects or maintenance issues
Not making small repairs or completing maintenance pursuant to the lease agreement


In Texas, all evictions follow the same process:

1. Landlord serves tenant with written notice of violations
2. Landlord files complaint with court for unresolved issues
3. Court serves the tenant with a summons and complaint
4. Court holds a hearing and issues a judgment
4. Writ of possession is issued
5. Constable returns possession of the property to the landlord

Can I get evicted for one late rent payment in Texas?

Texas Eviction Laws: 2023 update | PayRent

Texas Eviction Laws: The Process & Timeline In 2024

 

[adjusterjack]

You only need to post once on this site. We all read all the boards. I deleted the other post as a duplicate.

The best I can do is refer you to the following search results that have numerous resources about landlord retaliation.

Texas landlord retaliation at DuckDuckGo

You would do better to contact the TX Tenants Union

Texas Tenants' Union « Educating and Organizing Texas tenants for 40+ years! (txtenants.org)

 

[justblue]

my family and I have been in a property for three years. Yes, we have paid the rent but we have been late just because pay periods do not fall on the date that rent is due. so therefore the landlord is filing eviction. There are many other reasons and altercations that have happened between the landlord. For example, him assaulting me in front of my kids. Another scenario is him unlocking the front door and coming in the house while I was asleep as well. I have a hearing this upcoming week how do I file for retaliation of Landlord? Do I file it on the same day of the eviction hearing or do I just go ahead and file it? to my knowledge I can file up to 20,000 the max as long as I represent myself instead of having to hire counsel. Please help with ideas and input


I forgot to mention as well, the landlord raised the rent because we were always late every month

What day was the rent due on and how late were you every month?

 

[Justin98]

What day was the rent due on and how late were you every month?

Was late just few days because of pay period not always ending near the first of each month . So after we paid December's rent of 2000 he filed on us .

You only need to post once on this site. We all read all the boards. I deleted the other post as a duplicate.

The best I can do is refer you to the following search results that have numerous resources about landlord retaliation.

Texas landlord retaliation at DuckDuckGo

You would do better to contact the TX Tenants Union

Texas Tenants' Union « Educating and Organizing Texas tenants for 40+ years! (txtenants.org)

I'm sorry and thank u

The year 2000, ended 23 years ago.

Are you certain this occurred in 2000?

I'm sorry when we paid the rent of 2000 right after he got the money he filed on us

Also when I went to file the paperwork for the Retaliation of Landlord case the precinct will not take it. What is the correct procedure to file the paperwork for the suit

 

[army judge]

So after we paid December's rent of 2000 he filed on us .

The year 2000, ended 23 years ago.

Are you certain this occurred in 2000?

 

[Zigner]

Did he file for non-payment of rent, or did he file to terminate the tenancy?

 

[army judge]

I'm sorry when we paid the rent of 2000 right after he got the money he filed on us

Okay, when were you required by the lease to pay $2,000?

Did you pay that $2,000 on time?

If not, how many days late were you in paying the $2,000?

Remember, paying rent LATE in Texas means you were in violation of the lease. Paying rent late isn't cured by eventually paying late. Texas Law demands rent to be paid on time, or you subject yourself to being evicted.

The doesn't allow the defect to be cured, however, the landlord's acceptance of late, might allow you to argue, that the landlord effectively accepted rent, curing the defect.

That's your argument and defense for the latest rent payment. That said, rent can't continuously be paid late. It appears, however, you might have escaped being evicted. But, you're now on notice, and so will the landlord be on notice. He/She might just choose NOT to renew your lease, by serving you with legal notice of lease nonrenewal.

Finally, an eviction filing, absent a judgment for eviction can cause you great difficulty in renting a decent property in a decent neighborhood for a very long time.

Fix this mate, fix it or risk being consigned to a human cesspool of crime, drug abusers, sex traffickers, and other assorted lowlifes.

 

[Justin98]

Okay, when were you required by the lease to pay $2,000?

Did you pay that $2,000 on time?

If not, how many days late were you in paying the $2,000?

Remember, paying rent LATE in Texas means you were in violation of the lease. Paying rent late isn't cured by eventually paying late. Texas Law demands rent to be paid on time, or you subject yourself to being evicted.

The doesn't allow the defect to be cured, however, the landlord's acceptance of late, might allow you to argue, that the landlord effectively accepted rent, curing the defect.

That's your argument and defense for the latest rent payment. That said, rent can't continuously be paid late. It appears, however, you might have escaped being evicted. But, you're now on notice, and so will the landlord be on notice. He/She might just choose NOT to renew your lease, by serving you with legal notice of lease nonrenewal.

Finally, an eviction filing, absent a judgment for eviction can cause you great difficulty in renting a decent property in a decent neighborhood for a very long time.

Fix this mate, fix it or risk being consigned to a human cesspool of crime, drug abusers, sex traffickers, and other assorted lowlifes.

i Understand what your saying . The landlord only verbally told the wife specifically that the rent is being raised another 100 to make us pay on time . It was never in writing what so ever .

what about the countersue claim ? With him coming into the property while I was asleep . He physically unlock the door and came in and set off the ADT alarm. Which therefore I had 6 cops at my house . Also just recently as well he came to property again and assaulted me in front of my children by pushing me , yelling to where it's a disturbance outside loud enough for everyone to hear . This took place in front of my 17 year old whom witnessed everything . As well as text messages, he has sent us using words of calling me mentally ill in text message

The 2000 was paid the first week of January, so what was owed was the late fees for December only . But he continued the late fees after December as well which to my knowledge, you can only charge the allotted amount of days in the month

I also was going to address to the courts reason of rent being late is that I was injured on the job , and weeks later we found out our 21 year old daughter was taped as well . So we're having to hordd ed an attorney and help her , which is more serious and important

Did he file for non-payment of rent, or did he file to terminate the tenancy?

I cannot attach a photo, but it is for eviction trial notice trial date and time for the above numbered and entitled calls has been set for Tuesday. Tuesday will be held in the courtroom JP number two

Also we had freeze down here in south Texas and come to find out the the heater for the house in the attic has never been hooked up to the breaker. When a friend came to look at it the heating element started smoking and was no good to begin with . So we have pictures of that as well . So the heater has not been hooked up for three years due to we have never needed it that bad in south Texas

Did he file for non-payment of rent, or did he file to terminate the tenancy?

Suit is just specifically for eviction from the residence

So I was reading the papers we were served and I totally forgot to read the last page . The property owner is stating that we did not pay Oct , Nov, and December… which is totally false . Then states that he served us twice with a paper for eviction . Which we never received, he gave it to our son whom is a minor … but it was never delivered to us , ( wife or husband ) whom is the adults .

 

[zddoodah]

my family and I have been in a property for three years.

Are you on a month-to-month lease or does your lease state a fixed end date? If the latter, what is the end date of the lease?

we have been late just because pay periods do not fall on the date that rent is due. so therefore the landlord is filing eviction.

Well...I can't speak to Texas, but, normally, when a landlord files an eviction action for non-payment of rent, paying the rent (along with any applicable late fees) makes the eviction action go away. Of course, your pay date isn't relevant. You need to set up your finances so that you have the money when the rent is due.

For example, him assaulting me

Did you report this to the police when it happened? If not, why not?

how do I file for retaliation of Landlord?

I'm not sure what you mean by this. Nothing in your post suggests any retaliation occurred.

the landlord raised the rent because we were always late every month

Seems perfectly reasonable.

So after we paid December's rent of 2000 he filed on us .

If your rent is current, then an eviction based on non-payment of rent should fail.

we found out our 21 year old daughter was taped as well . So we're having to hordd ed an attorney and help her , which is more serious and important

Taped? I'm not sure what that means, but your adult daughter's legal issues are irrelevant to your obligation to pay rent when due.

 

[Justin98]

Thank you for everything everyone