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I am being evicted currently. I yelled at a neighbor to move…

I am being evicted...

I am being evicted currently. I yelled at a neighbor to move her truck from in front of my mailbox because it had been there 3 days before that. For some reason she called the cops or the managment company not sure which yet and said that I threatened to kick her ass which never happened. So the cops show up an hour later after our 30 second spat and dont take mine or my wifes statements, only hers and apparently another neighbor who does not like us for some reason? I was charged with assault by threat and disorderly conduct. One of the officers that showed up worked for the management company as well. I am a disabled vet with PTSD and get my meds in the mail so I have to have my mailbox clear and it is a violation of the lease anyways. But every time I contacted management they never did anything. On top of that we have had an ant infestation that they have not been able to get rid of. After 10 months of fighting the ants I finally emailed the owner since the manager was no help, and she says we can leave 3/31/18 with full deposit. So we started looking and then this incident happened about 7 days after the email, and 2 days later I get an eviction notice that gave me 6 days. Then I received an eviction lawsuit 2 days ago. All due to this incident. I never have seen this woman in the 10 months I have been here. And we want to move but now we have an eviction pending and will need renters history for our new place. We are stuck now just because of the eviction. I have plead not guilty to the charges and retained a criminal lawyer. But that could take months to settle. And my eviction hearing is April 2nd. I have a ton of evidence including texts from the manager telling me to shoot the owner of the car. So I am shocked this is even happening and I have a family to take care of. I am also in college and it is my last semester and I have maintained a 4.0 but now my college work is suffering because of all of this stress. I am really at a loss. I wish she would have just called us like I asked her to many times and worked something out. I do not want to stay here with the ants anyways and we were just about to sign an app the day we got the eviction. I have pics and videos of the ants and all of the texts from the manager. It is clear they acted negligent but I do not know what to do now. I want to move but cant. This is the craziest thing I have ever been through!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Yes ant infestation but we take care of pest control. I only contacted management after I realized I could not get rid of them on my own. They are in the foundation I think.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just would like to know what my chances are of getting this off my record? And the lady that I had an argument with breaks her lease constantly and is the only one with a satellite dish on the roof which is expressly forbidden in the lease. She must be related to the owner or something. I feel like this was all a setup to keep my deposit, and just out of retaliation because I put a bad review up on FB about the ants after I got no help from management.

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Answered in 18 hours by:
3/25/2018
Josie-Mod
Category: Landlord-Tenant
Satisfied Customers: 12
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
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Customer reply replied 3 months ago
I would still like to wait. I have much more info than what is stated.
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,787
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Sorry for the delay you experienced, the experts are not site employees so we have no control over when questions appear on our lists.

I would consider filing a counter suit against the landlord for breach of lease, since the parking in front of the mailbox is against the lease as would be the issue with the ants. So, the landlord/management company has breached the lease and had they not breached the lease and impaired your mailbox access, then you have grounds to at least seek damages from the landlord in the amount of your costs of moving.

As far as the criminal charges, that would be something that you need to fight in the criminal court and you would need to bring your evidence to get the charges dismissed, particularly the assault charge. Most times the prosecutor will dismiss the assault and will allow a plea to disorderly and will allow you to enter a deferred adjudication plea, meaning that upon completion of probation if you have no further charges, they will dismiss the charge and you can get it off your record.

I would strongly urge you to use a local attorney to represent you in the criminal case and the eviction, because it will significantly increase your chances of success.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Thank you so much! I do need to say this though:
The craziest part is that I contacted a civil lawyer that my criminal lawyer referred me to. I asked him questions he did not have answers for, yet I knew them. It was a test. He failed. So, I decided not to hire him. Then an hour later I get an email from him saying that he contacted the property supervisor and that she would do us a favor and explain the eviction to our new rental place as a favor to him? But it is imperative I must move out before April 2nd? I do not want favors from her! She is the reason most of this is happening. She is the one that told me to go out and shoot the owner of the car in a text that is saved. I have a mound of evidence against them, but this assault charge is blowing my mind. And now I fear my criminal lawyer may be corrupt since he referred me to the civil lawyer who called the opposing party without my consent, after I had discussed the entire case with him and what evidence I had. I'm in disbelief honestly. I've never been evicted in my life, and I am 36 years old, and have rented since I was 20 years old in many cities and other states as well. Thanks again.My court date for the eviction is scheduled for April 2nd. My criminal case is currently been plead to as "not guilty" and we are still waiting for the discovery. I want to get a lawyer for the civil case but wow! That blew my mind, and possibly my case? I was under the impression that the initial consultation is confidential as well? I do not trust this county. The deputies handled this so poorly the videos alone should dismiss the criminal charges. My mom was on speaker and heard it all, and was appalled. It just seems too perfect. And is very fishy! I was already moving out. And now I am having trouble finding a place because of the pending eviction.
Customer reply replied 3 months ago
The lawyer I hired for an eviction wants me to sign a letter with the landlord saying I will move out on a certain day and they will dismiss it as long as I don’t bother anyone, or put a bad review on socail media? I did not bother anyone to begin with and it’s illegal eviction. My lawyer is scared because they said they have a video but Im almost positive theyre full of it. I don’t know if I should sign it or just go to court? The police report is full of inaccuracies. And the police videos will prove it. Not sure what to do here.

Thank you for your reply.

You need to tell your lawyer that before you agree to anything, it is your right under due process and discovery to see the video first. Tell him if you do not see the video, the police video will prove otherwise and to get that video from the police with a public records request.

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Customer reply replied 3 months ago
The problem is I needed it for the eviction and there’s just not enough time. My civil lawyer got scared because they said they have a video, but they don’t. I know this. But that’s ok cuz it will just help me in the criminal. Civil lawyer ended up making a deal with them and I signed a letter saying I would be out by April 18th without incident, and that the letter is not an admission of guilt or wrongdoing by me or my wife. I just had to sign it to stop putting my family through this craziness. Even my 5 year old is stressed out because we are. But it doesn’t incriminate me so I’m fine with that. But the police report and the videos will definitely get the criminal charges dropped.Just one more question. Do I have a potential lawsuit against the landlord for wrongful eviction and all the money I’m out over these false charges? I have over 200 videos of the ant infestation and people parking in front of our mailbox. Also texts from manager proving she told me to basically screw off. I just hope that letter doesn’t hurt me from recouping my losses. It doesn’t say we waive the right to sue. Or anything to that effect. Because even though it’s dismissed, I still have a dismissed eviction on my record over bogus charges. And it really disturbs me especially considering I didn’t do what they say I did, and the police report has no witnesses backing up her story, just that they heard me say the F word a couple times. No one else said that I said “I’ll kick your ass.” I wouldn’t even say that to a man! This is just insanity. People are crazy. Cops colluded with management and got what they wanted. But now the report, and tapes may haunt them forever. This is going to get even more interesting I have a feeling.

Thank you for your reply.

NO, your trial should not proceed unless evidence is disclosed, so you need to tell your attorney to get the evidence and tell them that they need to get a court ordered stay on eviction until the evidence is produced and you have your right to due process. You are in charge of your attorney, so you need to tell him what you want.

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Customer reply replied 3 months ago
Wow ok! Thanks! I’ll see what I can do!

Thank you for your reply.
You need to tell him to get the evidence before you make any decisions and to file the proper continuances and stays until he gets this alleged evidence.

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Customer reply replied 3 months ago
Got it! Thank you so much for your reply! I’ve contacted them but have not heard back yet. This is what I needed to hear though. Thank you for sharing your professional knowledge. I will make sure and tell people to come here first before retaining a lawyer. I’ve gotten much better info here than anywhere else. Thanks again!

Thank you for your reply.

I wish you the best.

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Customer reply replied 3 months ago
Thank you sir!
Customer reply replied 3 months ago
Hate to bother you again but things got even weirder. The management company refused to sign the letter due to wording of me not doing any social media reviews. Guess they’ve never heard of consumer review fairness act passed in 2016? That was stupid. They should have just signed it because I was willing to, just to be done with it. And it said I am not admitting to any guilt of anything. So why not avoid court was my thought.
My family has suffered enough, and so has my 4.0 GPA. My head has been buried in this case since the 13th of
March.So, today I got a letter addressed to the prior tenant in our mailbox. My wife found her name on Facebook and asked if it was in fact her? She said “yes I used to live there!” My wife asked about any ant problems? She said “omg yes! They were coming though the tubs, the sinks, and the walls.” And she said they reported this to management many times and they never did a thing. So they had the exact same problem the entire time they lived here, and management never disclosed it to me, and I have a text from the manager saying “you are the ONLY ones who have ever reported this to us.” Now we KNOW that’s not true.I am in Texas, and from what I read on the property codes this is a violation of the landlords implied covenants. So my question is what legal recourse do I have now?
My eviction case is Monday, but my lawyer says the judge won’t care about the ants. Only what happened with me and my neighbor? So I could still be evicted Monday. Even though we have already found a new house, and move in on the 14th of April. So just 2 weeks away. No other incident has happened here in the more than 10 months we have lived here, besides my complaint about ants and the mailbox. I’ve actually never even seen this neighbor before since we moved in. And our neighbors connected to us have no problems with us. And neither does anyone else in the community.This is getting weirder by the day! This has to be retaliation because I said I was going to make it a legal matter to the owner if they didn’t come up with a resolution for the ants. The police report and body cam footage don’t match up at all, and nobody cooberated her story except her sister who was supposedly in her house at the time. But management claims to have a video? Wouldn’t that be in the police report? Why the need to go knock on doors if you have actual video? And my lawyer says they can’t get a stay in Texas over an eviction. You just show up and try to prove your case to the judge.

Thank you for your reply.

I do not know why they would not sign with language saying you would not do bad social media reviews. You need to have your attorney take another run at them, sounds more like they are simply being unreasonable. But that is fine, you can use that refusal to show that they do not want to deal with you fairly and they are the cause of the problems and not you.

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Customer reply replied 3 months ago
Oh he’s called them several times today, but they are just not answering his calls now. So we are for sure going to court Monday for the eviction.But I was hoping the judge would listen to the ant stuff because it really is part of all of this. It’s what caused management to argue with us here in the first place. And if he sees the plethora of videos I have, he would probably be disgusted with them for blowing me off for so long with that many ants in our house every week. I see now that I should have taken a different route about the ants, but I’ve rented for years and never had issues like this, so I didn’t really know what to do. And honestly thought management would take care of it. Won’t make that mistake again.The sad thing is the mailbox stuff was never an issue until I emailed the owner. Then all of a sudden it was, for over a week. And the neighbor I yelled at still parks there, but just barely enough over so they're only blocking their own mailbox. The mail carrier still has to exit her vehicle at my mailbox, but nobody else’s. But thankfully she knows the situation now, and still delivers to me. And she knows that is not my car. I’ll just have to attend the eviction and hope for the best. Then hopefully try to recoup my money later with the new evidence.
Customer reply replied 3 months ago
This is what they just came back with and want me to sign. Does this waive my right to sue or hurt my criminal case in any way?​​“This will serve as our agreement to the following. (“Tenants”) will vacate the premises at “address” without incident on or before April 18, 2018 at midnight, and the lease will terminate at that time. This agreement, and the execution hereof, does not, and is not intended to be, construed to be, or is an admission of any fault or wrongdoing by or on behalf of Tenants. However, prior to and until the time of move-out, as you have requested, Tenants agree to comply with all community policies and rules, and more specifically, paragraph 20 of the lease dated May 17, 2017.​The Tenants also agree they will not participate in any bad faith allegations against NWP Management and/or the community, and will remove any previously posted statements from social media concerning NWP Management and/or the community.
​​You agree that the above forcible detainer action set for 10:00 AM, Monday, April 2, 2018 will be cancelled, and a nonsuit or dismissal entered.“

Thank you for your reply.

That is a fair agreement. If they are pursuing criminal charges though, you need to ask that they also immediately enter an affidavit of non-prosecution to terminate any criminal complaints against you.

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Customer reply replied 3 months ago
Got it! So I can still sue over the ants after signing this? And the without incident part bothers me a little too. Bad faith allegations just means I won’t lie about them?

Thank you for your reply.

It says you will not participate in any "bad faith allegations" against them, if you have proof of the ants and how you notified them and how they failed to cure the problem, they are not in bad faith.

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Customer reply replied 3 months ago
Ok thanks. That was the part I was not understanding. Thanks again for your help! You’re awesome!

Thank you.

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