Summary
The user is facing an eviction in Texas without receiving a written notice from the landlord. The landlord directly filed for eviction in the Justice Court. The user challenged the eviction on the grounds of failure to provide written notice and failure to mitigate damages. However, the court ruled in favor of the plaintiff without hearing the users case. The user is considering appealing the decision and has already filed a Notice of Appeal. The user was advised on the appeal process and was provided with the contact information for the Lee County Justice Court.Full Conversation
Eviction
What is the reason for your eviction?
General rules for eviction:
- Landlord must provide written notice
- Tenant has the right to fix the issue
- Landlord can file for eviction if issue isn't resolved.
Landlord didn’t provide written notice. Just went straight to the Justice court and started the eviction process
What state are you located in? Different states have different rules regarding eviction notices.
Texas
Did you receive any form of communication from your landlord regarding the eviction?
In Texas, landlords are required to provide a written notice before filing for eviction.
No,
What date did you receive the eviction notice from the court?
In Texas, landlords must provide a written notice before filing for eviction. If they fail to do so, it could be a defense in your case.
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Did you respond to the eviction notice from the court?
In Texas, tenants have the right to respond to the eviction notice within a certain timeframe.
Yes
What was your response to the eviction notice?
In Texas, tenants can:
- Pay overdue rent
- Fix a lease violation
- Challenge the eviction in court.
Challenge
What was the basis of your challenge?
In Texas, common defenses to eviction include:
- Landlord's failure to maintain the property
- Retaliation
- Discrimination
- Landlord's failure to provide written notice.
Failure to provide written notice, failed to mitigate damages
What was the court's response to your challenge?
In Texas, if a landlord fails to provide written notice or mitigate damages, it can be a valid defense against eviction.
In favor of plaintiff, we didn’t even get to plead our case judgement was already made
Did you have legal representation during the court proceedings?
In Texas, having a legal representative can help present your case effectively and ensure your rights are protected.
No
Did you consider appealing the court's decision?
In Texas, tenants have the right to appeal an eviction judgement. This must be done within 5 days of the judgement.
Yes but I need legal assistance
What is your current location? In Texas, you can contact local legal aid organizations for assistance with your appeal. They can provide free or low-cost legal help.
Giddings, Texas *
What is the current status of your appeal process?
In Texas, the appeal process involves:
- Filing a Notice of Appeal
- Paying a bond or filing a Statement of Inability to Afford Payment of Court Costs
- A new trial in County Court.
Is there anything else I can assist you with?
Not sure
Have you already filed a Notice of Appeal?
In Texas, the first step in the appeal process is to file a Notice of Appeal with the Justice Court that issued the eviction order.
Yes
What is the date you filed the Notice of Appeal?
In Texas, after filing a Notice of Appeal, the case will be transferred to the County Court for a new trial.
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What is the status of your case in the County Court?
In Texas, after the case is transferred to the County Court, a new trial date will be set.
Not sure
Have you received a new trial date from the County Court?
In Texas, after the case is transferred to the County Court, a new trial date will be set. You should receive this information from the court.
No
In Texas, you should receive a new trial date from the County Court after your case is transferred. If you haven't received it, you may want to contact the court.
Lee County Justice Court
Phone: (*) *-*
Address: * S Main St, Giddings, TX *
Website: www.co.lee.tx.us Ok
Is there anything else I can assist you with?
No
I'm glad I could assist you. If you have any more questions in the future, don't hesitate to ask. Good luck with your case.
Thank you
Is there anything else I can assist you with?
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