What to do if you are deported in Houston

Tenants are faced with the daunting reality of rising housing costs and, as a result, eviction filings have skyrocketed. Last year, more than 83,000 eviction filings were filed in the city, according to the Eviction Lab. The phasing out of COVID-19 protections has exacerbated the lack of security tenants have under state law. Many struggle to understand their rights and navigate the complex legal process that often leads to displacement. Eric KwartlerAttorney-at-Law Director of the Eviction Law Unit at Lone Star Legal Aid, shares some tips.

Could you briefly explain the eviction process in Houston, from receiving a notice to the final court order?
In Texas, the first step is to provide what is called a “notice to vacate.” It must be provided in a very specific manner and must state that you must move out by date “X” or we will proceed with an eviction. After that time, (the landlord) can file for eviction, and an eviction is a legal action. You must be notified by the police officer (who) will give you a copy of what he has filed. It will contain information such as their name and address, and why you are being evicted. It will also tell you where to go to court. A huge percentage of people don’t show up for their trial, and that’s a real mistake because if you don’t show up, you’re going to lose. And you will have no opportunity to dispute what the owner says.

What are common reasons for eviction in Houston?
More than 90 percent is due to non-payment of rent. Sometimes there is a conflict between the tenant and the landlord or leasing office, and it escalates to the point that they file for eviction. There are retaliatory evictions when you ask for repairs to your house and they decide they don’t want to deal with you anymore. The only way this is valid is if it’s an actual violation.

What legal rights do tenants have when they receive a notice?
Unfortunately, Texas is not a renter-friendly place. There is no right to counsel like there is in a criminal case, where if you are charged with a crime, you can get a lawyer for free. But if you call us, we will see if we can provide you with legal representation if you qualify for our services. Since most evictions involve non-payment of rent, many people who are evicted are not in an optimal economic situation.

How often do cases of wrongful evictions occur?
We see it sometimes. The reality is that there are two sides to every story. And we’ve certainly seen many times where owners have alleged things that simply didn’t happen. But it’s a good idea to try to stay on good terms with your landlord to prevent this from escalating into such a situation.

What should tenants keep in mind when signing their lease to avoid problems later?
You can’t withhold rent because your landlord does something you don’t like. Usually this doesn’t fix something. To have them repair it legally, you must send a certified letter to the owner. If you do not do this, you will not be able to assert your rights in court. Even if you applied as the landlord told you, for example through a resident portal.