Gerard Smith, a disabled Air Force veteran and devoted single father, had done everything he could to keep his children safe and housed. After falling on hard times, he began renting an Airbnb as a temporary place to stay; since they were renting long-term without any complaints, the landlord offered Gerard’s family a six-month lease. After signing, Gerard found that it was harder to manage a contractual agreement than one through the app, which could be changed with more regularity. When Gerard missed some payments, the landlord abruptly moved to evict them.
Gerard and his children were faced with the possibility of losing their only home and carrying an eviction on record that could make it even harder to find stable housing in the future. Chad Elrod, a staff attorney from our Military and Veterans Unit, represented Gerard at his eviction trial in Galveston County Civil Court at Law. During the proceeding, Elrod read a negotiated settlement agreement into the record: Gerard would move out by February 28, 2025, at 11:59 p.m. and sign a release of all claims against the opposing party. If he moved by the agreed date, the case would be dismissed with no judgment on his record. If not, the opposing party would be entitled to an immediate writ of possession, along with $14,000 in back rent and $3,000 in attorney’s fees. Gerard confirmed that he would move by the deadline, and opposing counsel began preparing the Rule 11 Agreement and Agreed Order of Dismissal for all parties to sign.
Gerard was grateful for this compromise, as it gave him a clear path forward and protected him from the long-term consequences of a court judgment. Because the eviction would not appear on his record, he could continue searching for housing without the barrier that often keeps tenants from moving on. Elrod’s work not only resolved the immediate crisis but also preserved Gerard’s future stability.
With the eviction case on track for dismissal and his record intact, he is now in the process of purchasing a home. It’s a step toward lasting security for himself and his children, made possible through the Military and Veterans Unit’s dedication to legal advocacy and commitment to housing justice.
*Names have been changed to protect the identity of the client.
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.
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