Tenants having legal aid increases chances of not being evicted in Dallas, study shows

Dallas County tenants appearing in court with legal representation during eviction proceedings significantly increases their chances of staying in their homes, according to a new report from the Child Poverty Action Lab.

A study commissioned by the Dallas non-profit showed that when tenants didn’t appear for their eviction hearing, landlords won their cases by default 84% of the time; also, when a tenant did not have legal representation at a hearing, the landlord won 79% of the time. But when a tenant had legal representation, the landlord won 10% of the time.

The report is based on quality-controlled observations from June 1 through August 5 on three justice of the peace courts: Judge Thomas Jones, precinct 1-1, in south Dallas; Judge Al Cercone, precinct 3-1, in north Dallas; and Judge Sara Martinez, precinct 5-1, in east Dallas. SMU Dedman School of Law students collected the data on 1,135 cases.

In all observed cases, the judge ruled in favor of landlords in 72% of cases and in favor of the tenant in 3% of cases.

The CPAL study shows how eviction occurs in Dallas County and spotlights challenges for tenants to avoid being evicted. The study shows that low-income renters who are evicted face an increased risk of homelessness and harmful credit reporting hampers their ability to find a new place to live.

Ashley Flores, Senior Director of Child Poverty Action Lab, said the study offers insights into what can be done to abate high eviction rates.

“Our… dual goal is that the tenant can stay safely and securely housed and that the landlord can meet their [financial] needs. So if there are ways that situations can be mediated where, say, for example, a tenant works out a payment plan, or a tenant can tap into rent relief, or other supports… and then the landlord gets what they need, then that’s a win-win situation,” Flores said.

In August, Dallas County had its highest one-month filing total in at least five years with 4,355 evictions. Through August, 28,845 evictions have been filed this year in Dallas County, an average of 119 per day, a 223% increase over the same period in 2021 and a 203% increase over the same period in 2020.

The City of Dallas has added renter protections because of the COVID-19 pandemic, which requires landlords to provide a 21-day notice of a proposed eviction for non-payment of rent before the three-day notice to vacate.

Texas law requires a landlord to notify a tenant in writing, three days in advance, that they must leave their home. Law also requires landlords to deliver written notices in specific ways: either taped inside the entry door, or hand-delivered to a person older than 15 years old inside the home. If none of these delivery methods can be done, a landlord can tape it in an envelope if they also mail a copy to the tenant the same day in the same county.

Judge Cercone said in a statement Monday that the Texas Rules of Civil Procedures requires judges to render judgment based on evidence presented at trial.

“If a tenant does not appear and provide evidence or question the veracity of the landlords sworn complaint, then the court ‘must’ accept the evidence in the landlord’s petition as true and grant judgment accordingly,” he said. “If a tenant appears, whether with or without an attorney, I always ask a tenant if there is any legal defense. If they offer none, then the case is decided in favor of the landlord as the rules governing eviction cases require.”

Judges Jones and Martinez did not respond to requests for comment on Monday.

Other findings of the study:

• About 67% of eviction cases were due to not paying rent; 25% of cases had unknown reasons, likely because a default judgment was awarded to a landlord and the facts of the case were not discussed.
• The average length of an eviction hearing was less than five minutes, according to the data collected this summer in three Dallas County justice of the peace courts.
• Communities of color are disproportionately represented in eviction cases; the likelihood of receiving an eviction is highest for mothers with kids.

Landlords or their representatives appeared in court 99% of the time, while tenants appeared only 46% of the time. Law governing evictions requires justices of the peace to award a default judgment to landlords when tenants don’t appear for an eviction hearing, regardless of the facts in the case.

Tenants who do not appear in court usually cite work commitments, lack of transportation, lack of clarity of the eviction process or plans to move out, according to the study.

Tenants in Dallas County evictions had legal representation in only 10% of cases observed. Defendants in civil cases such as evictions don’t have a right to counsel and aren’t assigned a public defender like in criminal cases, the study said. Attorneys for renters can also help negotiate with their landlords, navigate rent relief programs and keep evictions off their records.

The gap in eviction outcomes is largely attributed to a system stacked against tenants both in policy and practice, according to Mark Melton, an attorney with the Dallas Eviction Advocacy Center. Melton says that the bias against tenants is so great that unless they have a lawyer by their side during a hearing, some judges find it more convenient to order an eviction and move on because tenants often don’t know how to defend themselves.

“People always assume a person who is being sued for eviction as a deadbeat when the reality is that couldn’t be further from the truth,” Melton said. “Most of these people are working multiple jobs trying to make ends meet. But rent is getting more expensive. And when you are already stretching your budget to its limit, and then all these external forces come in, and inflation increases the price of everything, it’s not like there was anything extra in their budget. Every single thing in there was necessary. And something’s got to give.”

The study also found that a notice to vacate was confirmed in 33% of all observed hearings: Judge Jones’ court confirmed notices 30% of the time; Judge Cercone’s 5%; and Judge Martinez’ 68%.

Melton and his team at DEAC are raising private money to put a lawyer in every Dallas County court to represent tenants in 100% of eviction cases to keep more people in their homes, something he hopes to achieve by early 2023.

According to DHA Housing Solutions for Texas’ dallasrentrelief.com, all available rent relief funds have been allocated.