A Dallas County court ruled it was unconstitutional to make tenants pay their rent to court registries while their eviction is on appeal.
Lawyers with Dallas Eviction Advocacy Center hope they can create systemic change by representing every Dallas County tenant facing eviction.wanted to know about how often local justice of the peace courts get eviction rulings wrong. So, he pulled every eviction appeal from the last year ending May 31. Of more than 1,500 appeals, landlords won their cases 20% of the time. Depending on how you look at it, that means lower courts got the other 80% incorrect.
But if you can't pay the cash deposit or file a bond, you can fill out what's known as an affidavit of inability to pay. This keeps the tenants from having to pay court filing fees, but they still have to pay a month's rent for the appeal to be accepted. From there, they have to keep making rent payments to the court registry until the court decides on the appeal.
In the lawsuit, which halted the eviction, Melton alleged that there were constitutional problems with the process, including requiring people who don’t have the means to pay rent to the court while their case is on appeal. He filed it the night Hunt received her 24-hour notice to leave her home. It names the landlord – The Trellis at Lake Highlands – and the constable for that precinct.
He added: “So, you’ve got a scenario where people are appealing their cases because they’re right, but they still get evicted because they can’t write this check to go be heard by a court that’s actually going to spend more than four minutes to listen to what they have to say.”The court seemed to agree.
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