Ok I just had court today and witnessed the judge totally ignore the law..I couldn't believe it! Basically long story short:
Rent came due..gave it in cash with a promise of a receipt..none was forthcoming then MR landlord seems to 'forget' I paid rent. Yeah right. We argued about it for a while, till the 10th when he threatened to evict. So a few days later I go back to him, on the 15th and told him frankly that we will leave with no troubles, we found a new place but needed the rest of the two weeks till the end of this month to get everything moved..that way he wouldnÃ¢â‚¬â„¢t have the cost or hassle of an eviction suit..I even showed him the new lease so he knew I wasnÃ¢â‚¬â„¢t just blowing smoke to buy time with no intention of leavingÃ¢â‚¬Â¦.he said ok thatÃ¢â‚¬â„¢s fine.
Now fast forward a week or so and I get a nice little visit from the county sheriff..guess what! I am being sued for eviction!! By Texas law written notice is required..it even says in the courts own paperwork that the letter Ã¢â‚¬â€œshould- be by certified mail so they have proof, or a witness who can testify they gave the notice. The Ã¢â‚¬â€œlaw- states the burden of proof lies with the landlordÃ¢â‚¬Â¦so I figured I could fight it on that, plus the fact it seems this whole suit is retaliatoryÃ¢â‚¬Â¦when the whole suit is done even if I lose, I will be forced out..geeÃ¢â‚¬Â¦a couple days AFTER I said I would be out (with new lease to show it)Ã¢â‚¬Â¦.yeah he didnÃ¢â‚¬â„¢t do that just to mess with my credit.
So I get to court..and I watch the landlord get al buddy buddy with the judge, go into his office for a few minutes, THEN we get called in. The landlord pulls out this notice that he signed stating notice was given and I told the judge it was not givenÃ¢â‚¬Â¦..the convo goes something like this:
Judge: So you are saying he never gave you the notice? He has one right here, why would he make a false notice?
Me: I donÃ¢â‚¬â„¢t know your honor, I just know that we never got one.
Judge: Well, it seems to me this is proof enough that he gave you notice.
Me: What about the clause that the notice should be certified mail?
Judge: Where did you read that? Some website?
Me: No your honor, I read it on the court website, it is also repeated here in this packet of eviction paperwork, says that the burden of proof is on the landlord.
Judge: Let me see that. ((I hand it to him but he doesnÃ¢â‚¬â„¢t even look at it, just tosses it down and starts yelling at me that I am trying to tell him the law and who did I think I was?)) I tried to tell him that I was not arguing with him, just that I was going on what information the court itself providesÃ¢â‚¬Â¦but he didnÃ¢â‚¬â„¢t want o hear it so I let it go.
Then it gets to the rent part, since lovely landlord is also suing for the back rentÃ¢â‚¬Â¦.he asks the landlord if I have ever paid by cash before and my jerk-o landlord says Ã¢â‚¬ËœNo, never..always by check.Ã¢â‚¬Â My mouth just hung openÃ¢â‚¬Â¦.I always paid by cash up till a couple months ago when he stopped giving or Ã¢â‚¬ËœforgettingÃ¢â‚¬â„¢ to give receipts then I started checks..only reason I gave cash this time was I was out of checks and the new ones didnÃ¢â‚¬â„¢t come in. I then said Ã¢â‚¬Å“if that is so then you must have bank statements showing these check deposits for the whole year.Ã¢â‚¬Â He said he did and at first I thought the judge was going to let it go at that, but I asked specifically to se them, because I know for a fact they do not exist..so finally the judge hedged and told the landlord to pull them out of his file..of course the landlord says, Ã¢â‚¬Å“Oh, but I donÃ¢â‚¬â„¢t have it WITH me..Ã¢â‚¬ÂÃ¢â‚¬Â¦
But at least on this point we won since he couldnÃ¢â‚¬â„¢t prove his claimÃ¢â‚¬Â¦.he denied the back rent, but granted the eviction judgmentÃ¢â‚¬Â¦.despite the fact I pointed out that the whole thing was retaliatory to begin with, that he knew we were moving and would be gone, he did this eviction just for spiteÃ¢â‚¬Â¦but he judge didnÃ¢â‚¬â„¢t care.
Then the landlord had the gal to show up at my door and ask if he could show the unit..I shut the door in his stinking face.
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