Elma Thomas v. Peters Colony

Opinion

RECEIVED FILED COURT OF APPEALS

OCT 2 0 2015 SECOND DISTRICT OF TEXAS COURT OF APPEALS SECOND DISTRICT Or TEXAS OCT 2 0 2015

DEBRASPISAK, CLERK IN THE COURT OF APPEALS DEBRASKJAK, CLERK

SECOND DISTRICT OF TEXAS FORT WORTH

CAUSE NO, 02-15-00154-CV

ELMA THOMAS, APPELLANT

V.

PETERS COLONY, APPELLE

Appeal from County Court at Law No. 2

Denton County, Texas

Trial Court Cause No. CV-2015-00793

ELMA THOMAS

APPELLANT

TELEPHONE: (469) 643-0654

SECONDARY TELEPHONE: (817) 323-4458

ht 2@hotmaill.com

PAGE 1

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STATEMENT OF FACTS

Appellant, Elma Thomas has been a resident at Peters Colon since 2009. Appellant signed

documents earlier this year, under the impression that she had signed a new lease. However,

because of her tenure, and trust in Management, she did not obtain a copy of the documents

she signed. According to a copy of the Appellee's Brief that was mailed to the Appellant, her

leaseterm began on February 1, 2014, and ended on January 31.2014. Ifyou review the Lease

Contract (See Exhibit A), the Dateof Lease Contract is February 10,2014. Inthe body of the

Lease, paragraph 3, the Lease Contract Date is February 1,2014. The Date the Lease was signed

is February 10, 2014. There are too many inconsistencies inthe statements, and documents

from Peters Colony. There are inconsistencies inthe dates given for Appellant to Vacate the

premises, and the Lease Date (See Exhibit A). At the top of the Lease, the ContractDateis

February 10, 2014. In Paragraph 3,the Lease Contract begins February 1, 2015. The Appellant

signed the Lease in 2014, on February 10, 2014 Italso states that the lease will automatically renew month to month, unless a 30-day written notice of termination is given, or intent to

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ARGUMENT

Both sides did not have the opportunity to present their case, because both witnesses were threatened

to be held in Contempt of Court. One witness was allowed to confirm that the Appellant was indeed a

Pauper, and unable to pay court cost. Because of the threat of Contempt of Court, the Appellant was

afraid to call the witness back to the stand. The second witness was also threatened with Contempt of

Court during the Hearing. The Judge's behavior was unprofessional, as if this was some game, while

the clerk laughed at his conduct before, during, and after the Hearing was over. The Appellant asked if

she could call her witnesses, and it was denied by the Judge. However, he allowed the Attorney for

Peters Colony to speak, and set the Bond at $8222.00. The Hearing was only a formality, with

absolutely no intention of changing his mind. His mind was made up, before he entered the courtroom.

The Appellant had to act as her own Attorney, (because an Attorney was denied by the court), and

answer questions, that would have been ill-advised, had an Attorney been present.

Oral Argument

The County Court erred when it allowed testimony, and made a decision based on hearsay, which

should have been inadmissible in court. The Manager, Apartment Personnel, nor the Attorney for

Peters Colonywas present, when any of the alleged incidences occurred. There are no police reports

of anyone being threatened, or loud obnoxious behavior. However, it was stated that the police were

called, for the Appellant having her music too loud. The Appellant doesn't throw parties, she lives

alone. She does not deserve to lose her place to live. As a common courtesy, in living anywhere, you

should always be mindful of those around you. If there was an issue/problem, Management should

have spoken to both parties, in an effort to remedy the situation, and not taken one side over the other,

unless she had witnessed the dispute herself.

Oral Argument (Continued)

The JP Court (Carrollton) erred, when Iawarded Attorney's Fees to Peters Colony in the amount of

$600.00. An Attorney was not required at this juncture of the court proceedings. The Manager, or

Leasing Agent could have represented Peters Colony in court. It was at the sole discretion of the

Management to hire an Attorney. It is only at the County Court, or higher, that the Apartment has to

hire an Attorney, by law, because they do not own the Apartments. Therefore, the Appellant should not

be responsible for paying their Attorney's Fees.

Issue Presented

Appellant has been a Resident of Peters Colony since early 2009. She has never not renewed hear lease.

She signed documents, under the impression that she had a new lease. However, because of her

relationship with the Manager, she did not obtain a copy. What happened to the documents that she

signed? Five days is not sufficient for someone to move, receiving Housing Assistance. Proper

notification has to be given, or the Appellant would forfeit her housing.(See Exhibit B).

Prayer

It is the hope and prayer of the Appellant to come to a peaceful resolution, where she can maintain her

place of residence. Ifan agreement cannot be reached, the Appellant asking to move to another

Apartment Complex. It is also the Appellant's Prayer, that the Court not render judgment against the

sureties (Edith Burgess and Marisol Rodriguez) on Appellant's Supersedeas Bond. There have been no

damages to the Apartment before, no during these proceedings. All rent is paid through the Dallas

Housing Authority. PetersColony has not incurred any additional cost, Late Fees, etc., by the Appellant

being in her Apartment.

$ THE COURT SHOULD NOT AFFIRM JUDGEMENT AGAINST THE SURETY OF THE SURETY OF SUPERSEDEAS BOND.

The County Courtset a Supersedeas Bond in the amount of $8222.00, of which the Appellant

paid $822.00 earnest money. The justification for the bond being set at this amount, was to

provide protection for the Appellee, considering the value of rent likely to accrue during the

Appeal, damages which may occur as a result of the stay during the Appeal, and other damages

the court may deem appropriate. However, the Appellant is on the_Walker Program, which is a

part of the Section 8 program, and rent is paid directlyto the Apartment complex, by Dallas

Housing Authority. The value of rent has not accrued during this Appeal, and there have been

no damages incurred by Peters Colony before, nor during this Appeal by the Appellant.

Therefore, the Appellant, nor the sureties for the Appellant (Edith Burgess and Marisol

Rodriguez) should not have judgment rendered against them on the Supersedeas Bond.

This LeaseContract is only valid iffilled out beforeJanuary 1,1016.

TEXAS APARTMENT ASSOCIATION Apartment Lease Contract APARTMENT ASSQCWN GTCATEU- DALLAS

DateofLease Contract: ( February 10, 2014 This isa bindingcontract Rtad carefully before signing.

(wTreq this Lease Contract isfilled cart)

Moving In - General Information 1. PARTIES. This Lease Contact is between you, the resident(s) fltsf all and all remedies under state law and this Lease Contract will be peoplesigning the Lease Contract); Elma Thomas authorized. Ifyou violate the animal restrictions ofparagraph 27 orother animal rules, you'll pay an Initial charge ofS 10Q.QQ peTanimal (not to exceed $100 peranimal) and a dally charge ofS 10.00 and us, the owner: per animal (not to exceed $10per day per animal) from the date the Peters Colony animal was brought into your apartment until itisfinally removed. Well also have all other remedies for such violation.

(name ofapartment community or title holder). You've agreed to rent . UTILITIES/SERVICES. We'll payfor the following items, if checked: Apartment No. £506 ,at 1810 E. Peters B gas Qwater n wastewater Qelectricity 3 trash/recycling Colony in __ (street address) Qcable/satellite • master antenna • Internet Hstormwater/drainage Carrollton (city), Tex*s' .,— .,?5007 (zip code) for use, as a private You'llnay for all other utilities and services, related deposits, and any residence only. The terms 'you" and "your" refer to all residents listed charge* orfees Dn such utilities and services during your Lease Contract above, and a person authorized to act in the eventof a sole resident's term. You must not allow any utilities (other than cable orInternet) to be death, Theterms "we," "us," and "our" referto the ownerlisted above and cut OH or switched for any reason—including disconnection for not not toproperty managers or anyone else. Written notice to or from our paying your bills—until the Lease Contract term orrenewal period ends. managers consHlutes notice toorfrom us. Ifanyone eke has guaranteed V "tUity Is wbmelered or prorated by an allocation formula, we will performance ofthis Lease Contract, a separate Lease Contract Guaranty attach an addendum to this Lease Contract in compliance with state for each guarantor must be executed. agency rales. Ifa utility is Individually metered, it must beconnected in your name and you must notify the utility provider of your move-out OCCUPANTS. The apartment will be occupied only by you and (list all date so the meter can be timely, read. If you delay getting itturned on in other occupants not signing the Lease Contract): your name bylease commencement orcause it tobetransferred back into No Others our name before you surrender or abandon the apartment you'll be II i°r ,* $ , charE* (™tto exceed $50 per violation), plus the actual orestimated cost of the utilities used while the utility should No one else may occupy the apartment. Persons not Listed above must not have been connected in your name. If you are in an area open to competition and your apartment is individually metered, you may choose stay in the apartment for more than 7 consecutive days without or change your retail electric provider at any time. If you qualify, your our prior written consent, and no more than twice that many days in any provider will bethe same asours, unless you choose a different provider one month. Ifthe previous space isn't filled in, two days per month is thermit, LEASE.GONTRACTTERM. The initial term of the Lease Contract begins You must pay all applicable provider fees, including any fees to chance service back intoour name after you move out. 8• OTihS^1?l-,:day of February , 2014 (year). and ends-at-rnidnight the 31st day of January" / INSURANCE -201.5 . <H*ry This Lease Contract will automatically renew monti> personal property. Our Youinsurance

are(checkdoes not cover the loss of or ««™^ra one}'?• daman to uour your

to-month unless either party gives at least 30 days written Q required to buy and maintain'renter's or liability insurance fsee notice oftermination orintent tomoveout as required by paragraph 37 attached addendum), or //the numberofdays isn"Ipiled in, at least 30 days notice isrequired. O not required to buy renter's ortiabilirywsurance. SECURITY DEPOSIT. The total security deposit for all residents Is ifneither is checked, insurance is not requiredbut isstillstrongly recommended If not required, we urge you to get your own insurancefor losses due to theft, fire, JL. 50-00,T--due 0n 0T W«« the date this Lease Contract is signed. water damage, pipe leaks and other similar occurrences. Renter's insurance does This amount {check one}. Ddoes or E9 does not include an animal depo not cover losses due to a flood. Information on renter's insurance is sit. Any animal deposit will be stated in an animal addendum See available from the Texas Department of Insurance. paragraphs 41 and42for security deposit return information. KIYfj ™RNnyRE AND AFFIDAVIT OF MOVE-OUT. You will be SECURITY DEVICES. WhatWe Must Provide, Texas law requires, with provided some exceptions, that we must provide at no cost to vr,- wh,« nr»T-»~.

_ apartment key(s). _._1 mailbox key(s), and begins: (1) awindow latch on each window; (2) adbo"ivfeweVrpeepW'5r;

other access devices for ..• n"Y

Any resident.

-- . , —...,. occupant, orspouse who, according toa remaining resident's affidavTtjias resident,

H^."?!"'? d°°r: (3) " Pi" '°ck °"»ch sliding door. (4) either a door handle later.or a security bar on each sliding door; (j) . UvlcM~b510ng permanently moved out or isunder court order tonot enter the apartment device (deadboit) on each exterior door; and (6) either , keyed doorrf is (at our option) no longer entitled to occupancy, keys, or other access igejt or a keyed deadboit locx on one entry door. Keyed lockfs) wili Hp devices. Your apartment will be [check one]: Ofurnished or• unfurnished rekeyed after the prior resident moves out. The rekeving will be rinn* RENT AND CHARGES. You will payS 595.00 per month for tby statute.

"1* Ifwe. Y0"fadmovrr" °fwllni" Tggyj after you move in, as required io install orrekey security devices as nwuind hy t,M rent, in advance and without demand:

B at theon-site manager's office youhave theright to do so and deduct thereasonable cost from vr,Ur n^t B> throughour online payment site rent payment underSection 92Tfe(l), Texas Property Code. 81 «* OFFICE NIGHT DROP BOX S«M°" A" N°r Re9ueatin8- S"13^ *° «>nw limitations, under 1exas law you may atany bine ask usto: (1) install one keyed deadboit lock Prorated rent of $ Isduefortheremainder of (check one}: • 1stmonth orCTgrid month, on at^i *&" d°°r U" d0€S ** have one= and <3> chanS* " rekey locks or 3—;—; O^; Otherwise, you must pay your rent on or before the 1st i $Z?\ Subject mU$' ""^

to statutory wi,h ,h0M restrictions "H™**

on what securitybutdevices >o« "«««

you P»yfor them

may JeqS

day of each month (duedate) with no grace period. Cash is unacceptable without you are now requesting usto install orchange atyour expense. ourjnor written permission. You must not withhold or offset rent unless authorized by statute. We may, at our option, require at any time that you pay all rent and other sums in cash, certified orcashier's check, money 1/no item isfilled in, then youere requesting noneat this time. order, or one monthly check rather than multiple checks. If you don't pav all rent on or before the 3rd day of the month, you'll pay frE" v!Ve^U! P°? for "**»»"« se^rity devices that are required by an mlhal late charge of $ 25 . OO plus a daily late ^arge of LTj u. -l" ! l^^ fll"k^"7*»t you request (except^wh.n % * a*99 Per 4*y after that date until paid in full. Daily late JluL. ." i7ySI"«wevlcnis repiacements due to mfause orresficnt damagemoved

by out)-anjfc5BrJ--or

you' nr LL^^

Aarges will not exceed 15 days for any single month's rent We will not u^SaSS*- ?S

^.m""Jay^^^eIy after USTvSirg I statute authonzes advance payment. You also ££.!«**** 25-00 electronic payment, plus for daily initial and each late

returned

chargescheck

until or

we rejected

receive additional or changed security devices you request, i"

ip«»lihl« "»munl If ,.n„ J .,-.'» „„,, .^.i __ u _ . .... , ... afterward, atouropdon. j i • 38. MOVE-OUT PROCEDURES. The move-out date can't be changed unless due to our negligence; animal-related charges under unlessweand you both agree in writing. Youwon't moveout before paragraphs 6 and 27;government fees or finesagainst us for violation the LeaseContract term or renewal period ends unless all rent for the (by you, your occupants, or guests) of local ordinances relating to 'entire LeaseContract term or renewal period is paid In full. Early alarms and detection devices,false alarms, recycling, or other matters;

move-out may result In reletting charges and acceleration of future late-payment and rerumed-check charges; a charge (not to exceed rent under paragraphs 11 and 32. You're prohibited by law from $100) for our time and Inconvenience in our lawful removal of an applyingany security deposit to rent. You won't stay beyond the date animal or in any valid eviction proceeding against you, plus attorney's you are supposed to move out. All residents, guests, and occupants fees, court costs, and filing fees actually paid; and other sums due must surrender or abandon the apartment before the 30-day period under this Lease Contract. for deposit refund begins. You must give us and the U.S. Postal Service,in writing,each resident's forwarding address. You'll beliable to us for (1)charges for replacing all keysand access devices referenced in paragraphS if you failtoreturn themon or before 39. CLEANING. You must thoroughly clean the apartment, including your actual move-out date; (2) accelerated rent If you have violated doors, windows, furniture, bathrooms, kitchen appliances, patios, paragraph 32; and(3) a reletting fee if you have violated paragraph 11. balconies, garages, carports, and storage rooms. You must follow move-out cleaning Instructions if they have been provided. If you 42. DEPOSIT RETURN, SURRENDER, AND ABANDONMENT. don't dean adequately, you'll be liable for reasonable cleaning We'll mail you your security deposit refund (less lawful charges—including charges for cleaningcarpets, draperies, furniture, deductions) and an itemized accounting of any deductions no later walls,etc, that are soiledbeyond norma] wear (that is, wearor soiling than30days after surrender or abandonment, unless statutes provide that occurs without negligence,carelessness, accident, or abuse). otherwise.

40. MOVE-OUT INSPECTION. You should meet with our representative You havesurrendered the apartment when: (1)the move-out dale has for a move-out inspection. Our representative has no authority to bind Eassed and no one b living in the apartment in our reasonable or limit us regarding deductions for repairs, damages, or charges. Any idgment; or {2)-;apartmen» keys and access devices listed in statements or estimates by us or our representative are subject to our paragraph 5 have been turned in to us—whichever date occurs first.

correction, modification, or disapproval before final refunding or You have abandoned the apartment when all of the following have accounting.

occurred:(1)everybody appears to have moved out tn our reasonable 41. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES. judgment; (2) clothes, furniture, and personal belongings have been You'll be liable for the following charges. If applicable: unpaid rentj substantially removed inour reasonable judgment; (3) you've been in unpaid utilities; unreimbursed service charges; repairs or damages default for non-payment ofrent for 5consecutive days, orwater, gas. caused by negligence, carelessness, accident, or abuse, including or electric service for the apartment not connected in our name has stickers, scratches, tears, bums, stains, or unapproved holes; been terminated or transferred; and (4) you've not responded for 2 replacement cost of our property that was in or attached to the days to our notice left onthe inside of the main entry door, stating apartment and is missing; replacing dead or missing alarm or that we consider the apartment abandoned. An apartment is also detection device batteries at any time; utilities for repairs or cleaning; 'abandoned" 10days after the death of a sole resident. trips to let In company representatives to remove your telephone, Internet, or television services or rental items (If you so request or Surrender, abandonment, or judicial eviction ends your right of have moved out); trips to open the apartment when you or any guest possession for all purposes and gives us theimmediate right to: clean or occupantis missinga key; unretumed keys; missing or burned-out up, make repairs in, and relet the apartment; determine any security light bulbs; removing or rekeying unauthorized security devices or deposit deductions; and remove property left in the apartment. alarmsystems; agreed reletting charges; packing, removing,,or storing Surrender, abandonment, and Judical eviction affect your rights to property removed or stored under paragraph 13; removing or booting property left in the apartment (paragraph 13), but do not affect our llkgallv parked vehicles; special trips for trash removal:caused.,by- mitigation obligations (paragraph 32).

kl parked vehicles blocking dumpsters; false securitymlarm charges

Signatures, Qriginals and Attachments 43. ORIGINALS AND ATTACHMENTS. This Lease Contract has been executed In multiple originals, each withoriginal signatures—one for You arelegally bound by thisdocument. youandoneor morefor us.Our rulesand community policies, if any, Pleasereadit carefully.

will beattached to the Lease Contract andgiven to you at signing.

Whenan Inventory and Conditionform1$ completed, both youand we Before submitting a rental application should retain a copy. The itemschecked below are attached to and orsigning a Lease Contract, you may take acopy become a part of this Lease Contract and are binding even If not of these documents to review and/or consult anattorney.

initialed or signed,

Additional provisions orchanges maybemade • Access Gate Addendum in.the Lease Contract ifagreed toinwriting by ail parties. 0 Additional Special Provisions You rou areentitledto

are entitled to receive an original receivean of this Lease originalof LeaseCContract O Allocation Addendum for. Q electricity D water Q gas /^'after itIs fully gtgnetft Keep itIn asafe place.

O central system costs • trash/recycling • cable/satellite Q stormwater/drainage Q services/government fees '

a Animal Addendum B Apartment Rules or Community Policies O Asbestos Addendum (ifasbestos ispresent) • Bed Bug Addendum Q EarlyTermination Addendum • Enclosed Carage,Carport or Storage UnitAddendum "Date signed a Intrusion Alarm Addendum a Inventory &Condition Form

a

Da'te signed

Lead Hazard Information and Disclosure Addendum a Lease Contract Guaranty ( guaranties, ifmore than one) a Legal Description ofApartment (opMoiui, If rental ttrm longer th»non« j*«) "Date signed a MilitarySCRAAddendum a Mold Information and Prevention Addendum B Move-Out CleaningInstructions flier's Bepresentatfit (signingon behalfofowner) a Notice of Intent to Move Out Form a Parking Permit orSticker (quantity: ) a Rent Concession Addendum • Renter's or Liability Insurance Addendum a Repair or Service Request Form Addressandphone numberofowner's representativefor noticepurposes D Satellite Dish or Antenna Addendum • TCEQTenant Guide to Water Allocation 1810 E. PETERS COLONY RD

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Housing Choice Voucher FAQ's WHAT IS THE HOUSING CHOICE VOUCHER PROGRAM (SEC 8)? The HousingChoice Voucher (HCV) Program provides housing assistance for qualifiedlow-incomefamilies in the rental market. Voucher holders are able to select a unit from the private rental market. Program participants pay no more than 30% of their monthly adjusted income towards rent and utilities. The housing assistance payment subsidizes the balance of the rent to the propertyowner.

HOW CAN I BECOME PART OF THIS PROGRAM? Eligibility for a HCV voucheris determined by the Housing Authority of Walker County (HAWC) based on the total annual gross income and family size and is limited to U.S. citizens and specifiedcategories of non-citizenswho have eligible immigration status. The family's income may not exceed 50%of the area median income. Median income levels are published by HUD and vary by location. During the application process, the HAWC will collect information on family income, assets and family composition. The HAWC will verify this information and wiil use the information to determine programeligibility. If it is determined that your family is eligible, your application status will be upgradedfrom the pending status to the eligible status. When your name is next on the waiting list, the HAWC will contact you and you willbe issued a voucher.

WHEN CAN I APPLY FOR ASSISTANCE? When a date is established on when we will accept applications for the section 8 program, the HAWC will post an advertisement in the classified section of the Daily Mountain Eagle newspaper (for up to one week) whichcovers the entire Walker County area. We will also have it posted on our bulletin board in our lobby and itwill be announced on our telephone greeting which may be heardupon calling our officeat your convenience. In addition, we will have it posted on thiswebsite. Be sure to check back at yourconvenience.

WHERE CAN I LIVE? The HAWC covers the entire Walker County area. Once you are issued a section 8 voucher, you may search the privaterental market anywhere inWalker County for a housing unitthat is decent, safe and sanitary according to the Housing Quality Standards (HQS) established by HUD and the HAWC.

WHAT HAPPENS AFTER ILOCATE A RENTAL UNIT? When you have found a suitable unitand the owneragrees to lease the unity to your family underthe housing choice voucher program, the HAWC will inspect the unitto assure that meets the Housing QualityStandards (HQS) guidelines. After the unit passes the HQS inspection and the rent has been approved,the landlord and the tenant enter intoa lease agreement foran initial term of one year. The HAWC and the landlord sign a Housing Assistance Payments Contract (HAP)through which the rent is assisted on your behalf. You willbe responsible forthe monthly payment of the difference between the total rent and the housing assistance payment.

WHAT IF ! NEED TO MOVE? CAN I CONTINUE TO RECEIVE THIS ASSISTANCE? The Housing ChoiceVoucher Program is designed to allow families to move without the loss of rental assistance. We realize that a family's housing needs change over time for various reasons such as job locations, changes in family size, etc. Moves are allowed as long as the proper process is followed. YourSection 8 Coordinator will be happyto walk you throughthe process shouldthis situation arise. You must live in the jurisdiction of the currenthousing authority forat least 12 months to be eligible to transferunderthe "portability" option. A family thatwishes to move to another housing authority's jurisdiction must consult withthe housing authority that currently administers its rental assistance to verify the procedures for moving. Failure to follow the properprocess may resultin the family forfeiting their voucher.

Ifthe unit I want to rent is too expensive, can I pay the difference to the landlord on the side? No. To paythe landlord extra or additional monieson the side is fraud. This would be the landlord committing fraud and the family committing fraud. Both parties would be terminated from the program and may be prosecuted.

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