June 10, 2022 by Nesibe Selma
Lone Star Legal Aid’s Conroe Office Helps Tenant Avoid Unjust Eviction
Jane Fields was a tenant at the same apartment complex for eleven years. Like most Texans, she was unprepared for the obstacles the pandemic created, and often, she felt like she was a paycheck away from homelessness. Remaining hopeful, she eventually obtained assistance from Texas Rent Relief, which sent money for past due rent directly to her landlord. These funds covered rent from September – December of 2021. At the time, the landlord accepted the rent relief funds and waived late fees without any complaints.
Because she received this financial assistance, Ms. Fields could use the little money she did have for other necessities. However, her relief was short-lived. She arrived home one day in late December to find a Notice to Vacate taped to the inside of her front door. According to Texas Property Code (Chapter 24), Notices to Vacate must be posted on the outside of the home. This note was left inside her home, which the landlord had entered improperly and without consent. The lawsuit for eviction demanded payment of additional fees and the next month’s rent in advance—a total of almost $2,000, none of which was permitted by the signed lease. The lawsuit also claimed the notice was sent by certified mail, which Ms. Fields never received.
With her eviction court date nearing, Ms. Fields contacted Lone Star Legal Aid. Two days before trial, attorney Donna Owens swiftly stepped in and gathered the necessary documentation to provide Ms. Fields with legal representation in court. During the trial, the landlord was unable to present any proof that the Notice to Vacate was properly sent by certified mail, as alleged in the lawsuit. The landlord requested more time to gather the evidence, and added they didn’t need to abide by any lease terms because Ms. Fields didn’t have a new lease on file. Attorney Owens was able to defeat this request because Ms. Fields’ rent was fully paid at the time of the notice, but also explained that the reason she did not have a renewed lease on file was due to unaddressed and continual maintenance issues in her current apartment.
The air conditioning and heating system in her apartment had been out since March 2021, and mold surrounded the leaking unit. Ms. Fields wanted to move into a new unit under a new lease, and waited patiently for maintenance to solve the problems. Ms. Fields did not feel comfortable signing a lease for a new unit under the same management until the problems in her current unit had been fixed.
According to most leases signed under Texas law, landlords and apartment management are responsible for any maintenance issues not caused by the tenants. Such issues must be fixed within 7 days of receiving an official report and request for repair. Ms. Fields was assured that maintenance would fix the issues by December 30th, but by January 6th she had a Notice to Vacate. Attorney Owens was able to provide the email correspondence dating the work requests and conversations Ms. Fields had with the apartment complex regarding maintenance.
In Texas, when a lease expires, it is replaced by an “implied” month-to-month lease agreement, and landlords are still required to give notice of lease termination 30 days prior. Only after that time has lapsed can a landlord file an eviction suit in justice court. Ms. Fields’ landlord didn’t follow this rule when filing the lawsuit. Since the landlord did not adhere to these requirements, the judge agreed to dismiss the eviction suit for improper notice to vacate.
With no eviction on her record, Ms. Fields decided to move into a more safe and sanitary rental. Though it was bittersweet to have to move out of the home she had built for over a decade, Ms. Fields was thrilled to have received justice and expressed deep gratitude to Lone Star Legal Aid for taking on her case in the nick of time.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of Southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well-being; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. Lone Star Legal Aid does not discriminate on the basis of race, color, religion, creed, gender, gender expression, sexual orientation, age, national origin, ancestry, disability, marital status, or military status, in any of its activities or operations. To learn more about Lone Star Legal Aid, visit our website at www.lonestarlegal.org.
Media contact: media@lonestarlegal.org
