February 14, 2023 by Nesibe Selma
Lone Star Legal Aid Helps Medical Professional During Wrongful Eviction Suit
Mr. Jan was a doctor in his native country, but like many medical professionals who have immigrated to the U.S., he is unable to practice medicine in America due to licensing requirements, despite the fact that he is now a U.S. Citizen. As a result, he works in a hospital as a technician and shares a humble apartment with his best friend, a Shih Tzu.
About six weeks after moving into his apartment, Mr. Jan’s landlord notified him that he left the water running in the sink of his apartment, and that he had to enter his apartment to take care of it. The landlord then blamed Mr. Jan for causing the bill to triple for the entire complex, illegally cut off his water as punishment, and sued to evict him. Mr. Jan was confused by the response. He acknowledged he may have made the likely human mistake but could see no sign of water damage in the apartment to prove he made such an error. He had no way of confirming that the water was actually left running—let alone be held responsible for such an outrageous bill.
For 17 days, Mr. Jan couldn’t shower or use the restroom in his own home—a clear attempt by the landlord to get him to move out on his own. Instead, Mr. Jan turned to Lone Star Legal Aid for assistance, and attorney Jonna Treble accepted his case. Treble contacted the lawyer for the apartment complex and gave them 24 hours to restore the water, warning that she would file an affirmative writ of restoration of utilities case otherwise. Within a few hours, his water was turned back on. Treble also represented Jan in his eviction case. During the hearing, she presented the lease to show that the tenant was current on both rent and the water bill, which was set at a flat fee of $50 per month. Because he had not taken any photos or recorded a video when he entered the apartment, the landlord was unable to prove that Mr. Jan had left the water running. The judge agreed there was a lack of evidence and issued a take-nothing judgment in favor of Mr. Jan, meaning that the landlord failed to prove his case and can take nothing from the tenant.
Mr. Jan, who had felt helpless and wrongfully accused until then, cried tears of joy and hugged Treble out of happiness.
Names have been changed to protect the identity of the client.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
