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Updated almost 8 years ago on . Most recent reply

Account Closed
  • Abbey Hill, Abbey Hill
1
Votes |
2
Posts

Eviction cases turns sour, need help

Account Closed
  • Abbey Hill, Abbey Hill
Posted

I have an eviction case against a sec8 tenant which prevails in the precinct court, but the tenant appeared to county court. 

Yesterday I got the letter from her attorney appointed from the court, saying I owed her all the utilities bill since she started the lease on 2010, totaled more than 100K. Her claim is based on the sec8 paperwork which indicates the utilities are paid by owner.

The truth is when she applied her voucher did not qualify her for the property. She suggested putting the utilities under owner, that would get the housing approval. She agreed to pay the utilities. As a matter of fact she paid the utilities for years until last year she got evicted for nonpayment.

Now her side got a piece of paper showing the owner pays for the utilities

My side got the truth.

My attorney advice me to drop the eviction case because of this. And she says the county court is wrong court (dallas tx county court) for landlord, especially when the utilities issue pop up.

I agreed. Now the question is: How i am going to defend myself and the truth once she raised the legal battle? What is the odd of winning or losing? Any good attorney to recommend? 

Most Popular Reply

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Patti Robertson
  • Property Manager
  • Virginia Beach, VA
2,240
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Patti Robertson
  • Property Manager
  • Virginia Beach, VA
Replied

EEEK @Account Closed - What you just said, you entered a contract with HUD saying YOU contractually agreed to pay utilities, yet you made a side deal and made the tenant to pay her own utilities, is a direct violation of the HUD contract you signed and her lease. Not only can you be held liable for all the utilty bills, if HUD finds out, you could be liable to pay back all the back rent you received from them. In addition, you could be criminally charged for fraud. The tenant will also lose their voucher and and could also be held liable for repayment of HUD funds received. You both committed fraud.

To make matters worst, you just admitted on a public form that you committed fraud. I suggest you 1) delete this post and 2) consult with an attorney.  Chances are you can get the tenant to agree to a mutual release, considering the risk you both have in this situation.

  • Patti Robertson
  • 7574722547

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