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paticase · Jul 19, 2007, 05:12 AM

Here is the situation:

I was renting an apartment and one night while I was sleeping someone broke in, kicking the front door down etc... To make a long story short I had my sons 410 deer hunting gun and when the guy came in I was standing there holding it, that scared him off and he left. I called the police who filed a simple "vandalism" report because nothing was taken and I wasn't hurt. Just scared. The apartment put a few nails in the door and called it fixed and that was that. I was living alone and being a single woman I decided I didn't want to live there anymore and let the apartment manager know why I was moving. The lady that was manager at the time I left was in agreement but at some point after I moved out another manager took over and decided I was in violation of my lease and evicted me. Some 6 months after I moved out. I did submit in writing why I was moving and did understand about breaking my lease.

I didn't find out about the eviction until several months later when I started looking for another place. I had moved in with my niece because I was afraid to be alone at night.

What I need to know is this, Is there a way to get this eviction removed or overturned? I am in Texas and was never served eviction or court documents or given the chance to argue my case in court. What are my options. I can't rent another place with this on my credit or rental history.

Thanks.:confused:

ScottGem · Jul 19, 2007, 06:21 AM

Maybe. You need to go back to the court and ask them to vacate the eviction on the grounds that you were never informed and had already vacated. Are you sure this is an eviction by the way? It really doesn't make sense to evict someone who has already moved. On the other hand, they could have obtained a judgement against you for breaking your lease and for the amount of unpaid rent.

You can still request that the judgement be vacated on the grounds of improper service. But if they seek to reinstate it they will win unless you have written permission from the former manager that you could move out. Being subject to a breaking is not valid grounds for breaking a lease.