Texas Small Claims Cases

Wrongful Evictions

 

Landlords can be spiteful and cruel.  We’ve seen some really bad landlords even file evictions of their tenants that are considered “illegal” or wrongful under Texas law.  Sometimes landlords will even lock you out of your home – improperly.

Wrongful eviction occurs when a tenant, who was occupying the property, is evicted when their lease was still valid and suffers damage as a result. If a tenant is wrongfully evicted, they may sue the landlord and recover their damages, such as the cost of moving, the cost of the replacement lease, lost wages, etc. Unfortunately, this is brought as a separate lawsuit after the eviction.

 

 

TIPS

Though no outcome is guaranteed when you put your case in the hands of a judge or jury, following these tips will help you present your case in the best possible way:

  • Wear business casual clothes to court (at a minimum).
  • Keep updated contact information with the court clerk.
  • Decide early what evidence you have.  Witness testimony?  Documents?  Photographs?
  • Decide early if you want a judge or a jury to decide your case.  If you want a jury, you must pay the jury fee early.
  • Always show up on your court date or call the court clerk early to ask for an extension or continuance.  If you don’t show up, your case may be dismissed or a judgment taken against you.
  • Write down notes of what you want to say and what your story is.
  • Do not expect the court or the other side to prove your case for you.  THIS IS YOUR JOB.