San Antonio, TX asked in Small Claims and Landlord - Tenant for Texas

Q: What is our next best course of action since we did not appeal?

I have an issue with a landlord who filed a wrongful eviction on us in March 2022. The Justice of Peace allowed the eviction, so we appealed his decision. We had the appeal hearing on June 13, 2022 in County Court & won at trial. We were awarded an order of "Take Nothing Judgement" against the LL for $0.00. The Judge refused to grant the LL any unpaid rental payments the LL claimed we owed. He also refused the LL's claim of not being in a lease with us. Stating to the LL that she is in a year lease & had already collected 12 months of subsidy payments from the government as we are participants in the HCV program & allowed us our rights under the lease to continue the term. The LL didn't like the Judge's ruling & 3 days after the ruling the LL started new proceedings to evict us again for the same time period & amounts of money as in the ruling 3 days prior. The JP refused our court order on our appeal & granted the LL the eviction & $3400. Is this legal? Didn't LL need to file appeal?

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Since you didn’t appeal the second eviction case, your best course of action is to move all your stuff out and secure a new place to live. Otherwise, your property will likely be placed on the curb and could get damaged or stolen.

Whether the second eviction judgment is “legal” or not is something you could have raised in an appeal.

1 user found this answer helpful

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