When attorney Shalette Mitchell first spoke to George, she wasn’t sure she could help him. George is legally blind. He was facing eviction, but that’s what happens when you don’t pay your rent. George hadn’t paid his rent in four months.
According to George, however, there was an issue with the electricity in his apartment. He was withholding his rent until the electricity problem was resolved. You can’t stop paying your rent because you have a problem with your electricity, however. If your landlord doesn’t make repairs, there is a procedure to follow. George also claimed the landlord stole from him and harassed him. George had to appear in court soon — in six days.
Soon after that initial conversation, Lone Star Legal Aid received another call from George. The property manager had just kicked in his door – and demanded that he leave immediately, George explained. An attorney advised him to call the police about the trespass.
Mitchell looked at the judicial records online. It seemed like George had been asked to leave several times, but not lawfully. Had he received a letter in the mail? Had he received a Notice to Vacate (NTV)? To evict a tenant, the landlord must file for eviction in court. They must also give their tenant a hard copy of a document called an NTV. The NTV should be taped to the door of the apartment. Was it taped to the door, as legally required? George didn’t know because he’s blind. The friend who opened the NTV didn’t remember, exactly, how the notice had been delivered.
Attorney Mitchell decided she needed to see a copy of the lease. She found the landlord’s address and sent a letter. “To Whom It May Concern,” the letter began. “Our firm represents [George] who resides at your property… Our office requests a copy of the latest lease agreement concerning our client and the Property.”
On the day of the hearing, Mitchell drove to the courthouse to appear before the judge. There was a chance George would win – since the property manager hadn’t followed the proper procedure. What happened next was surprising.
Mitchell arrived early. She appeared in court to represent her client, George. Usually, a landlord will send an attorney too. But on this day, the property manager came to court without a lawyer. Then, she refused to answer Mitchell’s questions. She also refused to answer the judge’s questions. She “exhibited blatant disregard for the law and judicial process with respect to cross examination,” attorney Mitchell explains. She kept interrupting others to make her own point. The judge was not pleased. The judge finally decided George could not be evicted. Not like this.
It’s nearly impossible to know what happened leading up to the court hearing. But this is why we have a court system: to give everyone a chance to tell their side of the story. This is called due process. According to the ACLU, “due process means that the government must give people a chance to defend themselves in a fair hearing before infringing on their rights.” In other words, before you get kicked out of your apartment, you get a chance to tell a judge what happened. It’s “not merely a formality or an amorphous part of the law. It is a cornerstone of American justice.”