COVID-19 was a difficult time that affected many people. The Smith family in particular faced many financial challenges. George, his wife Madison and their child went through extreme hardships due to both of them losing their jobs, which resulted in them becoming behind on rent for a privately owned property. Their landlord claimed to send them a notice to vacate but the family said they did not receive anything from the landlord.
The clients met LSLA outreach staff minutes before their case was set for trial, at the Justice of the Peace Courthouse. They signed up for assistance quickly and were granted an eviction attorney on the spot. The clients met with their attorney briefly before their trial.
They were offered an uncommon rental assistance opportunity by the outreach team with Lone Star Legal Aid. During the trial, the landlord claimed that their tenants did have knowledge of the Notice to Vacate (NTV) but was not able to prove that during their court session. They used the tracking number but it proved that the vacate letter was never delivered to the tenants.
Litigation Director Dana Karni represented the Smith family, arguing that there was “no proof of compliance with the Texas Property Code section 24.005, nor a copy of the notice itself to prove that the language would have been proper.”
Towards the end of this case, the Eviction Right to Counsel team advised the family to consider moving and use whichever funds they put together to work out a settlement and use it for a deposit for a new home and any moving costs. This was a better option for the family because they had a high chance of being sent to court again for nonpayment.
The landlord did not have a receipt to prove that they gave the Smith family NTV therefore the Judge ruled in favor of the tenants due to no evidence. After the trial Dana Karni reached out to the landlord and tried to persuade them to accept the rental assistance program. The landlord agreed and provided the necessary information and their tenants submitted an application for rental assistance.
*Names have been changed to protect the identity of the client(s).
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org