Mr. Hawkins’ family was living in a mobile home on a property under an agreement where they worked on the land in lieu of paying rent. While this work exchange is considered legal in Texas, all agreements with the landlord were verbal. When the landlord passed away in November 2023, their daughter took over the property and demanded rent from the Hawkins family, which they agreed to. However, this change in arrangement was also made verbally, and the terms hadn’t been clearly defined. Their new landlord simply asked for a monthly payment, without specifying a rent due date.
In April, the Hawkins’ new landlord refused to accept their rent and issued them a three-day notice to vacate. She claimed to be the executor of the estate, but she hadn’t produced any probate paperwork. She personally admitted to Mr. Hawkins that she and her brothers were at odds about how to handle the property: they wanted to sell it and split the proceeds, whereas she wanted her niece to move into the mobile home that the Hawkins currently occupied. After three days, the landlord filed a lawsuit for unpaid rent and violation of (an unwritten) lease. The petition also stated a rent price $100 more than the verbal agreement.
Flummoxed by this hasty decision, Mr. Hawkins sought counsel with Lone Star Legal Aid. He explained that he was willing to move, he just needed more time to get his bearings and make preparations to make arrangements for his family, which included a minor and multiple pets.
On the morning of the hearing, Lone Star Legal Aid attorney, Lori Fergie, went to the clerk and searched the probate and property records to verify that the daughter did not have an executor’s deed. Fergie used this information in the hearing to prove that the “landlord” had no standing to file an eviction, since the very first element of an eviction suit under the Texas Property Code is that the petitioner has a right to possession. While she may have been named the executor of the state, the daughter was not granted an executor’s deed and therefore lacked power to possess the property over the tenants. Lone Star Legal Aid also made a brief argument about the terms of the verbal lease being undefined and the judge agreed. Before the hearing, Fergie drafted an Answer and Plea to the Jurisdiction explaining the law that title is at issue, and that the court does not have jurisdiction to decide title issues. The court ruled in their favor and dismissed the case.
Ultimately, the family decided to move out of the property and were grateful for Lone Star Legal Aid’s assistance in helping them avoid any additional fees or undue stress during the process.
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.
