O’Melveny Helps Texas Renter Prevail in Eviction Suit

O’Melveny twice represented a Texas woman in eviction suits filed by her landlord, who had refused to make necessary repairs to the client’s apartment. The woman withheld rent after having great difficulty getting her landlord to correct obvious defects and unhealthy conditions.

A few months later, the landlord filed an eviction suit that sought possession of the premises and back rent. The tenant lost the eviction proceeding at the Justice of the Peace, and O’Melveny was retained via the Houston Volunteer Lawyers to represent her pro bono in her appeal to the County Court at Law.

In that appeal, the landlord failed to present evidence that he had provided the tenant a statutorily required “notice to vacate,” a prerequisite to an eviction under the Texas Property Code. O’Melveny moved for a directed verdict on that basis, and the motion was granted.

The tenant was able to relocate shortly after, but while she was moving out, the landlord filed a second eviction proceeding again seeking unpaid rent back to the date the tenant had first started withholding rent. At trial, the County Court at Law was convinced that the vast majority of the landlord’s unpaid rent claim was barred by res judicata from the first proceeding.

The judge recessed the trial and the parties agreed on a payment plan favorable to the client. The eviction proceeding was dismissed and the record was sealed. In successfully defending against an unfair eviction and working out reasonable payments, O’Melveny helped lower the client’s risk of homelessness by enabling her to find housing and quickly relocate.