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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33081
Experience:  Began practicing law in 1992
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I just sent my question... Regarding unlawful detainer in Texas. This

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I just sent my question... Regarding unlawful detainer in Texas. This is NOT an eviction for non-payment of rent but personal & malicious intents. Landlord/property owner successful evicted me & refused to reimburse me for repairs that were vital for healthy safe living environment. He filed a writ of possession & threw me & my dogs put into the street with nothing but the clothes on my back & REFUSED TO GIVE ME BACK MY THINGS. Now I have to go back to court for a writ of REENTRY just for furniture, valuables & all my personal things & important papers. I've had to but necessities like clothing and a bed because of this as well as I've had undue stress, anxiety, pain & suffering he intentionally caused knowing I've had spinal injury & surgery. Is this legal
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.I don't understand your question, can you rephrase and be as specific as possible?
Customer: replied 1 year ago.
Last year upon my mom's unfortunate demise, I met a black guy who offered me a place for me & my 10 Yorkies to live what I believed on a verbal agreement that I wud pay this man $250 which was half of my disability check. Never once did he disclose he was HIV POSITIVE or that house was not his but his dad who lived in a house next to his.
When he started to get really sick he wud defecate all over the carpet & there was a big hole in the roof & that filthy carpet got ruined...I told him he had to fix it not only for Heath & sanitary reasons but it made that front room inhabitable. When he went to the hospital because of the highly contagious disease he got...I put $2,000 worth of repairs on the place since he was really sick. When I asked him to reimburse me he said "we can work something" leading me to believe he wud deduct it from my rent.
Then his HIV became FULL BLOWN AIDS because he refused to take any medication. When this guy, Joe Austin Was finally committed to a nursing home in Galveston, his dad & nasty sister EVICTED ME FROM THIS RESIDENTIAL PROPERTY TO WHICH I FILED AN APPEAL. While the appeal was pending I got in a serious car accident where I broke my back. A month later from all the stress they caused me I fell reinjuring my back but this time it was serious enuf to necessitate in spinal cord injury & surgery where I spent 3 weeks. I lost the appeal and was given 10 days to move. Within 5 days I filed a letter for an extension or appeal due to medical hardship. Unfortunately my car blew up & I filed an appeal to the district court via fax which was denied & the sheriff threw out in the street & impounded my dogs even though they were all on leashes. Deputy told me the property owner told him they would box all my stuff, valuables & money lying around, etc & put it in th garage for me to retrieve. When I called the sheriff's office on the 12th say to tell them I was on my way to pick my possessions, the deputy told me they changed their minds & they won't let get my things which includes my jewelry, my mom's thkngs, pics, money, bed, etc. Now I was told I have to apply to the court for a writ of REENTRY, is this right???
Customer: replied 1 year ago.
Since they these action are intentionally malicious & caused he undue stress, additional money dive I have to get a bed, clothing etc. Is this right? What rights do they have to my things & cause to have to spend money to replace my own clothing? And bed?
Expert:  Dwayne B. replied 1 year ago.
Yes, a Writ of Reentry is one of those things you rarely see but there is a form and instructions for one at http://texastenant.org/pdf_files/1029_JP_writ_lockout.pdfYou have an absolute right to get your things if the court signs the order. In addition, you can sue for any damages like things that they threw away, etc. You can also file a separate lawsuit for the work you put into the home if the agreement that the work you were to do was to be taken off of the rent.
Customer: replied 1 year ago.
U DIDNT ANSWER ALL MY UNLAWFUL DETAINER TENANT-LANDLORD ISSUES ADEQUATELY...I'm really disappointedFirst of all, my verbal agreement was NEVER WITH JOE AUSTIN (supposed Landlord)'s dad but with him as I was mislead into believe he was the RIGHTFUL OWNER because both he & his dad who evicted me told me this house was built & gifted to Joe since he was in his 20s when he first had children.
2) is that correct that he prevent me from getting all my own personal belongings. What RIGHT DOES THIS OLD MAN HAVE TO KEEP ALL THAT IS MINE before & during my stay there.
3) I told they RUTHLESSLY & MERCILESSLY THREW ME OUT even though I had serious medical issues (major spinal trauma surgery) with NOTHING BUT the clothes on my back, arent they liable to pay for whatever I've had to spend like on necessary clothing, necessities like a bed, bed less, mats, etc, for my new rental residence?
4) when a residence is "gifted" to a son with an absence of written documentation, isn't that recognize in a court of law?
5) what about monies I spent in repairs to the property, why must I have to lose that money when it solely benefits the property owners?
6) what about all this unnecessary stress, mental anguish, pain & suffering from this old man for REFUSING TO PROMPTLY & appropriately letting me get whsts RIGHTFULLY MINE?
7) I offered him rent but he REPEATEDLY REFUSED which meant I had to pay more for another place.
8) what about all my groceries, thyroid meds I must have
8) when must a landlord legally disclose any health risk like if he has AIDS?
Cud U more specific? How can I get a problemo arty to help me out here since a Legal Aid of Houston & Angleton vehemently refuses to?
Thank u
Expert:  Dwayne B. replied 1 year ago.
I did answer all of the questions but I may not have made it clear so I'll go through the questions one by one and answer them again.2) He doesn't have the right, which is why you file the Motion for Reentry and why I stated above that you could sue for the monetary value of anything you couldn't recover;3) Again, that is covered by my answer above where I stated "you can sue for any damages". Rental, the mattress, etc. are all damages.4) No, a real estate transfer must be in writing to be effective under the law. You cannot have a transfer of real estate without some type of writing.5) Again, I stated above "You can also file a separate lawsuit for the work you put into the home if the agreement that the work you were to do was to be taken off of the rent." If they argue there was no specific agreement that it was to be taken off of the rent then you can also sue for what is known as "quantum meruit" which is Latin and means that since you did the work you deserve to be paid.6) These type of lawsuit typically don't allow for mental anguish because they are breach of contract in their nature. However, you could certainly list that as an element of damages and see what the judge does.7) This isn't a question.8) If you lost some groceries and meds when you were ejected from the home then you can sue for the value of those as well unless you recover them under the writ of reentry.8) The landlord is never required to tell you they have AIDS. This is not a disclosure required by law and is actually protected information under federal law.If Legal Aid will not assist then the only other recommendation I can make to find a pro bono attorney is to contact the Harris County Bar Association at http://www.hba.org/ or the State Bar of Texas at www.texasbar.com . Both of those should have lists of pro bono attorneys although I do not know how updated those lists are. Usually Legal Aid handles these types of cases in areas where they operate.
Customer: replied 1 year ago.
Okay Sir....
In 2) U stated very clearly, in this type of suit, "Writ of Reentry" damages for stuff I CAN NOT RECOVER...that's VAGUE to me, honestly! Point is I CAN RECOVER THEM once I am able to get to my things (I'm hoping NOTHING IS LOST, STOLEN OR DAMAGED) my laptops, iPads, TV, clothing, pet stuff, important papers, jewelry, safe with money, my mom's pics (she passed a few months back) cash I had lying around coz...I've had to buy a bed even.
When the sheriffs came to throw me out, TOLD ME THAT OLD MAN (Joe Austin's dad) said they will go "BOX UP ALL MY THINGS" & put it in that garage & I had 2 weeks to pick it up on CIVIL STANDBY. On the 12th day I had to pay $200 to some movers only to cancel them because sheriff said owner changed his mind & won't let me on the property it or my own personal belongings. Now, THIS IS A BLOODY HEADACHE - this is really what I meant by UNDUE STRESS, mental anguish, infliction of emotional strain coz I was very close to my mom & all she left behind is there. I've had a serious spinal surgery I told & they've done nothing but halt my entire recovery process...I was prevented from physical therapy there & the stress they caused my Yorkies even killed one of my pups.
Are u in Houston texas?
Expert:  Dwayne B. replied 1 year ago.
There is a limit to what can be recovered under a writ of reentry, which is why I said that you may have to file a different kind of lawsuit, usually called a "conversion" lawsuit. That link I gave you to the form for a writ of reentry sets out the kinds of damages that can be recovered under a writ of reentry and a limitation as to the dollar amount. If your damages exceed that amount ($500 I believe) then you have to file the other lawsuit.No, I'm not in Houston.
Customer: replied 1 year ago.
Reason I asked about disclosure is because when this original guy (this Joe Austin) whom I'm just met through another acquaintance OFFERED Me & my dogs a place to stay located in the countryside (Bay City) I strongly feel he shud have told me this house was not his own to rent & that he has aids since it affects my health & the lives of my pets. Because he refused to take his medications for highly contagious infections, he became delerious & defecated ALL OVER the carpet which IS A SERIOUS HEALTH RISK TO ME IF U WANT TO DISCOUNT MY ANIMALS.
See? I'm really from SF CALI & there it's illegal NOT to disclose any potential hazards or residential history (like a murder) to a renter or buyer coz they are at risk but it gives them tge opportunity to make an informed decision. I was not dating or in any kind or personal, intimate relationship with this fellow; I helped him even to the hospital when his own
Customer: replied 1 year ago.
No my damaged will be way more than $500...I've already spent $209 in Ross just on mats & pets accessories coz I wasn't allowed to get my things, spent another $1000 on a bed & I still have to get clothing. Wasted $200 on movers, another $100 on an empty storage unit! IF UR not in Houston, how can U help or advise on Texas law- Texas law is lopsided, & so unfair!!! Authorities do what they want & for WHOM they want....can't wait to go back home To Cali. All this extra unnecessary expense is breaking me! I've had to pay for a TV move which had to be stalled coz the DirectV receiver is in that house!!! Then I had to replace the TV that was in there which cost me another $2400
Expert:  Dwayne B. replied 1 year ago.
The law is the same across Texas and I actually had an active practice in Texas for twenty years or so although I do mostly trial consulting now. If your damages are more than $500 then file the writ of reentry so you can get back in there and get whatever items are left and file a conversion suit along with it. The limits in a JP court are $10k in Texas so as long as you total damages are under $10k that's where you would file. Above $10k and you can file in County Court at Law or District Court.
Customer: replied 1 year ago.
What was my statute for filing an appeal to the district appellate level? Can I file a conversion suit with this writ of REENTRY & how can I do it myself! I'm really broke now to hire an Atty especially now. I'm on permanent disability I feel these people violated my disability rights & it was on that premises I fell from all the stress & had to have this major surgery on top of the compression fracture I suffered in a car accident. Honestly, I've never encountered such mean awful human beings that are so controlling. It's not normal "landlord" behavior that I find myself becoming racial since I'm being relentless persecuted! I'm only one woman trying to survive since the death of my mother. Never in my life have I seen so many drug fiends, controlling Baptist hypocrites, etc
Expert:  Dwayne B. replied 1 year ago.
I don't understand what you mean by "what was my statute of filing an appeal to the district appellate level". Can you explain?You can file it yourself you just combine the pleadings into one pleading and label it Application for Writ of Reentry and Damages and Suit for Conversion.I can't tell you what to actually put in your pleadings, that's not allowed by the website, but if you go to the law library at the Harris County courthouse or one of the law schools there in Houston there should be some forms books that can help.
Customer: replied 1 year ago.
The legal language & format of pleadings are done way differently here than in California and the place where this took place is in MATAGORDA COUNTY not HARRIS. Honestly, I doubt Landlords in Harris County can be so BRAZEN & obviously IGNORANT
Expert:  Dwayne B. replied 1 year ago.
Yes, but Texas uses a very liberal form of pleading. No specific forms are required. You can go to any courthouse but some have better law libraries than others.
Customer: replied 1 year ago.
I don't know how to appropriately word it really...didn't u say the suit for damages is only limited to $500 whereas the conversion can be up to $10,000? I don't know the extent of my personal property damages there coz I was not allowed to get to my things - all I know right now is how much I've had to pay out right now....
The first paragraph was asking about the TIMELINESS of filing an appeal to the appellate court. 1st - I was served an eviction from tge Justice of Peace, Magistrate level who ruled in favor of the Plaintiff which I appealed within 5 days. That appeal was denied when the County Court judge ruled in favor of the Plaintiff - I filed a letter of extension and appeal within 5 days of county court ruling & was denied - I'm not even sure why it was denied
Customer: replied 1 year ago.
U don't by any chance know a good auto product liability attorney, wrongful death & elder abuse attorney & tenant lawyer that wud take my case or probono attys in Houston do u
Expert:  Dwayne B. replied 1 year ago.
A suit for damages under a Writ for Reentry is limited to $500. Conversion can be for any amount of money but a Justice of the Peace court's jurisdiction is $10k.The general time limit for filing appeal from a JP court is ten days from the date the judgment is signed but the appeal is to the county court or county court at law and a notice of appeal must be filed along with an appeal bond. You don't mention whether you filed the appeal bond or not but the failure to do so is the #1 reason that most appeals from JP court are denied.Unfortunately, we aren't allowed to give referrals to specific attorneys. I don't know any in the Houston are that do pro bono work on a regular basis. I'm sure there are some but you usually call the local bar association to find them.You should be able to find an attorney to do a wrongful death or product liability case at www.lawyers.com. If you have a good case in those areas they may assist or have someone in their office assist with your other cases as well.
Customer: replied 1 year ago.
You gave me advice on filing a writ of reentry but the JP clerk told me I had to file this petition with the county judge level since the eviction was appealed & when I contacted the county clerk she told me I had to the appellate level since the county court judge signed off on it when he found in favor of the plaintiff...all this back & forth is costing me time & in the meantime, I was told the Guy who originally rented me the room in that house (the old landowner's son) has taken my things....THIS IS SO WRONG! Is there s statute of limitation on this writ of reentry?
Expert:  Dwayne B. replied 1 year ago.
I'm sorry but before we can proceed further I need you to issue a positive rating on this thread and then we can either open a new thread or continue in this one on the new question, since it could be considered a follow up.
Customer: replied 1 year ago.
How is this done? I thought U knew this part of law but it's been a month & I still can't get my suit filed & my things coz that JP court doesn't have papers for me to fill & worst off, that clerk tells me they won't take the case coz its out of their jurisdiction
Expert:  Dwayne B. replied 1 year ago.
I do "know this part of the law". However, the question has numerous answers and is over a month old and the experts don't receive credit from the website until the customer issues a positive rating. Before we discuss it any further I need you to issue your positive rating and then I can address the additional follow up question.
Customer: replied 1 year ago.
Even if this is a month old sir, the issue hasn't changed...plus it still tells me I have "10 mins of expert work" left.
Expert:  Dwayne B. replied 1 year ago.
I'll go ahead and opt out and let someone else assist you then. I do wish you the best.
No need to reply, that will only delay someone else picking up and assisting you.

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