Tenant Sues Landlord After Failed Eviction

by Chris on October 3, 2011

A Texas woman is suing her landlord over a botched eviction. 

She claims she lost tens of thousands of dollars worth of possessions that her landlord thought he had the right to toss out, according to a news report.

The landlord filed an eviction action against the woman claiming she had broken the lease agreement. The woman contested the eviction. 

When she failed to attend a hearing because of an illness, a default judgment was entered.

However, a higher court later reversed the default judgment and set the case for trial, leaving the landlord with no legal authority to move the tenant’s belongings. 

According to the report, the woman’s possessions, including an expensive wheelchair, already had been tossed outside and were too damaged to be recovered. 

She is now asking a court for compensation for the items and her pain and suffering, and is alleging that the landlord violated a state law regarding theft when he moved her possessions without a court order. 
 
Texas is one of only a few states that allow landlords to place a tenant’s belongings on the curb after an eviction.  The majority of states require the landlord to store the items, prepare an inventory, and allow the tenant a right to cure a default or claim the items.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

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