How do I get an eviction off my record that was served 3 weeks after I was constructively evicted from uninhabitable rental

Asked over 1 year ago - Bedford, TX

The house was full of termites and other parasites plus toxic mold, The scum lord owner refused to fix problems that greatly affected my health? All repairs paid out of my pocket. We left belongings, temporarily, as it wasn't safe to move moldy bug infested items due to possible cross-contamination? Somehow Justice Of The Peace handed down an eviction anyway and a judgement for rent we didn't owe. I wasn't allowed to present my evidence. Rental violated many city codes and rules making it an illegal rental, I found out when I had inspector come see the home,

Attorney answers (2)

  1. Walter Wilbur Beuhler

    Contributor Level 14

    3

    Lawyers agree

    Answered . It sounds like you appeared at the trial. Your remedy WAS to appeal to the county court. If the appeal deadline has passed (5 days after Judgment) there is nothing you can do. Your claims/causes of action were most likely compulsory counter claims and had to be brought in that action. You should consult with a local landlord tenant attorney to verify as I do not know all of the facts and timelines concerning your specific case.

  2. Jacob Douglas Thomas

    Contributor Level 10

    2

    Lawyers agree

    Answered . Thank you for your question. An eviction does not necessarily go on "your record." It sounds as though a judgment was entered in the Justice of the Peace Court. If the judgment included an award of monetary damages, the plaintiff could file an abstract of judgment with the County Clerk, thereby creating a public record that may be discovered during a credit search. Generally, people do not abstract a judgment for possession, although it is possible. As for the records kept by the Justice of the Peace, you will not be able to change or alter those records if you did not appeal the decision within five days of the judgment.

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