During a year in which Dallas County evictions were at a five-year high, about 80% of times in which tenants appealed, the cases were either dismissed, abated...
Lauren McNeal, 27, and her son Elijah McNeal, 7 months, at the Center for Transforming Lives in Fort Worth on Friday, Nov. 11, 2022.During a year in which Dallas County evictions were at a five-year high, about 80% of times in which tenants appealed, the cases were either dismissed, abated or ruled in favor of tenants, leaving legal aid experts questioning due process in justice of the peace courts.
A closer look at the data shows about 51% of the time, eviction suits are dismissed, abated or resolved without a judgment when appealed, while 21% of the time the landlord’s case is nonsuited by the court. Appeals judges rule in favor of tenants in 8% of cases and in favor of landlords in 20% of cases.
Texas law requires landlords to give a three-day written notice to vacate through specific delivery methods before filing for an eviction. Instead, McNeal and her son Elijah are experiencing homelessness, staying in a shelter in Fort Worth, and trying to find out how to sue to get her home back. “If the tenant does not question anything already presented to the court in a landlord’s petition, it would be improper for the court to act as an advocate for the tenant and ask questions intentionally to try to defeat the landlord’s case,” Cercone said in a statement to. “The court does not help either party to a civil lawsuit. A judge who does this is not impartial and should not be a judge.”
“The price of living went up. It was hard enough,” Hunt said in her appeal. “Two of my four children were living with their father. They had to come back to me, which meant additional expenses. Trying to keep everyone fed and clothed and pay additional bills… I fell behind.”
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