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What is Determined at an Eviction Case

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  • 01-25-2016, 03:28 PM
    swirly6
    What is Determined at an Eviction Case
    My question involves landlord-tenant law in the State of: Texas
    I received an eviction notice with a court date after I moved out. I have documentation proving that I moved out before receiving the eviction notice. On the notice the landlord is requesting a judgement for an amount that exceeds my monthly rent. There were no damages to the property. She is doing this in retaliation because her realtor/friend was fired due to my lease. When I get to court will I just prove that I moved out, or do I have to prove that I do not owe the money as well? If the eviction is dismissed will the judgement be dismissed as well? I am just shocked by the whole eviction since we do not live there.
  • 01-25-2016, 03:32 PM
    jk
    Re: What is Determined at an Eviction Case
    You need to bring that letter from the landlord stating they are releasing you from the lease and will be returning the deposit.

    Since you have a lease, if the landlord had not released you from the lease, they can file an eviction action to ensure the lease is terminated.
  • 01-25-2016, 03:34 PM
    swirly6
    Re: What is Determined at an Eviction Case
    Thank you. Will I be required to pay that amount that day if the judge says I owe it. Even though I cannot see how I could possibly owe close to that amount.
  • 01-25-2016, 04:26 PM
    jk
    Re: What is Determined at an Eviction Case
    if the landlord obtains a judgement, it is basically a court saying: you owe them this much.


    You do not have to pay it that day. (or at least you shouldn't. no promises though as there are some weird judges out there)
  • 01-25-2016, 08:19 PM
    swirly6
    Re: What is Determined at an Eviction Case
    Thank you! I hope it works out this way.
  • 01-25-2016, 09:42 PM
    adjusterjack
    Re: What is Determined at an Eviction Case
    Quote:

    Quoting swirly6
    View Post
    Thank you! I hope it works out this way.

    You'll have at least the amount of time until the deadline to file an appeal.
  • 01-25-2016, 10:37 PM
    swirly6
    Re: What is Determined at an Eviction Case
    When I called the court today they told me to show up with my new lease to prove that I don't live there anymore. And that the owner had not dismissed anything. I also have a copy of my written notice that I was out. I just have absolutely no knowledge of how this works. I don't want to be caught off guard by anything.
  • 01-26-2016, 06:09 AM
    gail in georgia
    Re: What is Determined at an Eviction Case
    "I received an eviction notice with a court date after I moved out".

    Did you move out BEFORE your lease ended? In other words, breaking your lease?

    Gail
  • 01-26-2016, 08:46 AM
    jk
    Re: What is Determined at an Eviction Case
    Quote:

    Quoting gail in georgia
    View Post
    "I received an eviction notice with a court date after I moved out".

    Did you move out BEFORE your lease ended? In other words, breaking your lease?

    Gail

    Read op's other thread. It provides much more info.

    my statement about the notice from the landlord regarding being released from the leased will make more sense.
  • 01-26-2016, 11:23 AM
    swirly6
    Re: What is Determined at an Eviction Case
    I do have another post. I had a couple of different questions and the whole scenario is actually extremely complicated. But yes, I did move out before the end of the lease. The owner said she was releasing me from my lease and would return my deposit. AFTER I moved out is when we saw the eviction notice. We only moved a couple of blocks away.
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