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

Q: Can I sue my ex for keeping my possessions and not allowing access after wrongful eviction/writ of possession

I need to know if I have any grounds to be able to sue my ex boyfriend for both A.) wrongful eviction & B.) not allowing me my possessions, and then after being granted the eviction & writ-(due to the fact that he had the papers served to his place, and I never got any of them) he then placed my things on the curb- over 3/4 of which got taken by people. he also kept a good number of my possessions and did not place them out on the curb, or allow me access to them. I have a list- along with receipts to prove purchase of everything on the list &photos of it in the home, along with a photo of everything directly after he put it out on the street where you can see it is not there (even before people started taking things). We separated, and I found a place after about a week and I was moving out, I then was arrested and went to jail which he bonded me out of- then after, told me in text (so I have it in writing) that I had to stay at his home and couldn’t leave, and continually instilled f

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

A: In order to state a claim for wrongful eviction, you will need to plead and prove you were evicted based on your race, sex, national origin, disability or family status, or that the eviction was in retaliation against you for filing maintenance requests or complaints about the condition of the property.

In an ordinary lawful eviction proceeding, the notice to vacate must be posted on the main door of the premises. The eviction petition and citation must be either delivered to you in person by the appropriate officer, or left with some person other than the plaintiff (your ex-boyfriend) over 16 years of age at the premises. After the eviction hearing, a judge is entered but a writ of possession cannot be issued for ten days. Then, the writ of possession can be either delivered to you personally, or again, delivered to the premises from which you were being evicted. It is up to the constable or other officer how much time will be allowed for your personal possessions from the premises. If you fail to remove your personal possessions, the officer will discard or place the items on the curb for bulk trash collection. Neither your ex-boyfriend nor the officer have any duty to take steps to safeguard your property upon delivery of the writ of possession. It is incumbent on you as the evicted tenant to remove and secure your own possessions.

The process gives a tenant plenty of time--much longer than a week--to remove their possessions before they are put on the curb.

I think you will likely lose unless you have something in writing (which could include text messages) from your ex-boyfriend giving you an extended period of time to retrieve your personal possessions from his place.

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