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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 wouldn’t have the cost or hassle of an eviction suit..I even showed him the new lease so he knew I wasn’t just blowing smoke to buy time with no intention of leaving….he said ok that’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 –should- be by certified mail so they have proof, or a witness who can testify they gave the notice. The –law- states the burden of proof lies with the landlord…so I figured I could fight it on that, plus the fact it seems this whole suit is retaliatory…when the whole suit is done even if I lose, I will be forced out..gee…a couple days AFTER I said I would be out (with new lease to show it)….yeah he didn’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 given…..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 don’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 doesn’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 provides…but he didn’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 rent….he asks the landlord if I have ever paid by cash before and my jerk-o landlord says ‘No, never..always by check.” My mouth just hung open….I always paid by cash up till a couple months ago when he stopped giving or ‘forgetting’ to give receipts then I started checks..only reason I gave cash this time was I was out of checks and the new ones didn’t come in. I then said “if that is so then you must have bank statements showing these check deposits for the whole year.” 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, “Oh, but I don’t have it WITH me..”…

But at least on this point we won since he couldn’t prove his claim….he denied the back rent, but granted the eviction judgment….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 spite…but he judge didn’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.

I am just so so pissed right now.




i do not blame you one bit.i would be seething as well.i don't know how you would handle it but,i would when i moved out to leave mr landlord a nice package on his front door.manily a lit bag of dog doo.

Sub: #1 posted on Mon, 10/27/2008 - 13:08

paulmergel paulmergel
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I'M VERY SORRY DEAREST GOLDENBAST.
BAD LANDLORD AND BAD JUDGE WILL BE JUDGE FOR GOD ONE DAY.

Sub: #2 posted on Mon, 10/27/2008 - 13:14

tsacgiv tsacgiv

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Myself, I'd be tempted to pay the fkr a late-night visit. But that's just my kind, sensitive side talking.......

I deal a lot in cash these days, including my rent. No receipt, no cash. No way. Works for me.

Sub: #3 posted on Mon, 10/27/2008 - 13:44

unclewulf unclewulf
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you have a sensitive side unc?who woulda thunk it. :shock: 8)

Sub: #4 posted on Mon, 10/27/2008 - 14:02

paulmergel paulmergel
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Heh..I have had several interesting ideas given to me in the great spirit of giving..and vindictivness ..from friends and family..I will list them.maybe you guys can judge on the best one:

1. Take the kitty liter box out of the house the last couple days...I have 4 cats.

2. Save my er...monthlies.. :):):) leave them for the landlord to find.

3. Dump some dog poo in the toilet back tank..every time the toilet is flushed you get poo water (eew factor here).

4. Buy several dozen big crickets (or even cockroaches) from a reptile place..let em all loose.

That is the going list so far....I doubt I will do any of it..but it gives me the warm fuzzies to think about the jerko-o landlords reaction to them.

Sub: #5 posted on Mon, 10/27/2008 - 14:17

goldenbast goldenbast
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wow!!!!!!!!great stuff.why not do it all?give him somethings to keep him busy once you leave.just a thought.

Sub: #6 posted on Mon, 10/27/2008 - 14:20

paulmergel paulmergel
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Oh I should mention that this is only a big aggravation in the long run...I will have an eviction for the next *grumps and grouses* 10 years, but it will mean squat....we signed a lease on a nice 4 bedroom house with the possibility to buy it from the owner in about 5-6 years. So the eviction won't hurt me in that respect since I don't plan on moving again.

Sub: #7 posted on Mon, 10/27/2008 - 14:20

goldenbast goldenbast
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exactly,as your first entry stated your moving anyway.this joker just wanted to make your ars weary.i like some of the ideas you came up with.will think up more and post tomorrow.or is that too late.

Sub: #8 posted on Mon, 10/27/2008 - 14:24

paulmergel paulmergel
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Nah....the whole stupid thing is that we were gonna move in the next day or two......but with this eviction, it just gave us 5 days, and if we are still here, then the landlord has to go back to court, obtain a writ of possession ($15) and then use that to have a sheriff escort us off the property...we will already be moved out way before that but now my cantankerous self will wait the whole 5 days, have everything moved out and wait for the sheriff and the landlord???????.they can come knock on the door and I will be standing there with an empty unit and me and a single suitcase, then sashay out and say, ???????Oh, I was just leaving???????.

Sub: #9 posted on Mon, 10/27/2008 - 16:03

goldenbast goldenbast
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Nah....the whole stupid thing is that we were gonna move in the next day or two......but with this eviction, it just gave us 5 days, and if we are still here, then the landlord has to go back to court, obtain a writ of possession ($155) and then use that to have a sheriff escort us off the property which can take up to another 10 days and neds to have a notice posted (by the sherif this time so that old faker can't BS this time) 24 hours before it happens...we will already be moved out way before that but now my cantankerous self will wait the whole 5 days+, have everything moved out and wait for the sheriff and the landlord???????.they can come knock on the door and I will be standing there with an empty unit and me and a single suitcase, then sashay out and say, ???????Oh, I was just leaving???????.

Sub: #10 posted on Mon, 10/27/2008 - 16:05

goldenbast goldenbast
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(Posts: 2885 | Credits: )

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