Tracette House v. Cuney Homes ( 2015 )

on 11/19/2015 4:20:36 PM
OFFICE OF STAN STANART FILED IN
COUNTY CLERK, HARRIS COUNTY, TEXAS 14th COURT OF APPEALS
CIVIL COURTS DEPARTMENT HOUSTON, TEXAS
11/19/2015 4:25:17 PM
November 19, 2015
CHRISTOPHER A. PRINE
Clerk
Court of Appeals
301 Fannin
Houston, Texas 77002
LETTER OF ASSIGNMENT
Trial Court Docket Number: 1067413
Trial Court Number: One (1)
Style:
TRACETTE HOUSE VS. CUNEY HOMES
APPELLANT(S) APPELLEE(S)
Judge: CLYDE R LEUCHTAG
Attorney: Appellee(s) Attorney:
Tracette House, Pro Se Kevin Fulton, No. 24059787
Po Box 24453 2855 Mangum Road Suite 114
Houston, Texas 77229 Houston, Texas 77092
Phone: N/A Phone: (713) 677-0109
Fax: N/A Fax: (832) 201-8847
E-Mail: tracette@bu.edu E-Mail: N/A
Tracette House, appellant, a of Appeal on November 9, 2015 the Final that was on
October 30, 2015.
The Clerk’s Record is due to your office on or before December 29, 2015.
/S/Joshua Alegria
Alegria
Deputy Clerk
P.O. Box 1525
Houston, TX 77251-1525
(713) 755-64211>.o.
1525 I TX I (713) 755-6421
1 of 1
1
NOTICE OF APPEAL (COURT OF APPEALS)
THECIVILCOURTFORTHECOUNTYOF HARRIS
STATEOF TEXAS
CUNEY HOMES § NOTICE OF APPEAL
CIVIL FILE
NO.1067413COURT#1
TRACETTE HOUSE
DATEOFORDER
DATEWRITENTERED
TO: County Clerk, County, Texas
Civil Courts
201 / Suite500
Houston,Texas77002
PLEASE TAKE NOTICE that, the Defendant appeals the judgment rendered by this
Honorable Court in the above styled and number cause. From an order WRIT OF POSSESSION
ON PROPERTY of the court (Entered 11/02/2015) on the date shown. e.g., denying
Defendant’s motion for a new Trial. e.g., Dismissal under The Rule 12(C) Motion for Judgment
on the Pleadings.\
DATED:
TRACETTE HOUSE (Party Appealing)
POST
OFFICE
Box24453
TRACETTE@BU.EDUHOUSTON,
TEXAS77229
KEVIN HAROLD FULTON (Attorneyfor
2855MANGUMROADSUITE114
HOUSTON, 77092
7l3—677—0l09
SBN:24059787
ORION
REAL SERVICES
ESTATE i
HOMES ··
1455w. LOOPS.SUITE
800
TEXAS
HOUSTON, 77027
·
SIGNATURE
2
NOTICE OF APPEAL (COURT OF APPEALS) 1
THE CIVIL COURT FOR THE COUNTY OF HARRIS
STATEOFTEXAS
CUNEYHOMES § NOTICEOF APPEAL
v. § CIVIL ACTION FILE
NO. 1067413COURT#1
HOUSE
TRACETTE §DATE
OFORDER
DATE ENTERED
APPEAL PETITION AND REVERSAL OF JUDGMENT AND STAY
1. SettlementAttempts. Then, in 2015, T made a second attempt at settling LL/Tenant dispute.
In many of the attempts at settlement failed. of by
Attorney of "Attorney seeks possession T, before
2. A "demand or substitute method, was given to the Defendant on: August
04, 20 l 5.
Response: The Defendant has fully the Judgment.
3. to Collect the Defendant. The likelihood that the Defendant is able to pay the
judgment if obtained, is: "good because Judge determined that Defendant did not
owe Plaintiffs any money on Plaintiffs claim."
4. Up
Defendant Response.
Anticipated Defense.
Dollar claim is exaggerated.
The Claim was in the wrong court.
Claim is not valid.
Jury trial requested (where available).CASE
Outlineofthe Case.
Introduction.1.
Notice of appeal or Motion for Appellate review.
3
NOTICE OF APPEAL (COURT OF APPEALS) 2
2. has force T to post a bond or provide other
3. T does not need to post a supersedeas bond to begin an
4. Explain why that amount of the bond is appropriate to secure the interest.
5. FRCP 62(C) permits a to stay an injunctive order pending an appeal of the order,
whether the order is granted or denied injunctive (characterizing any "order to do," as
opposed to an "order to pay," as injunctive.
6. FRCP 62(a) (applying automatic stay while post-judgrnent motions remain pending).
7. Posting a full bond is financially impractical, unnecessary, or impossible because of
or exceptionalcircumstances.
8. Legal system should not force parties hit with immense judgments to forgo their rights to
appeal.
9. Fed.R. App.P. 8(a);Cal Civ.Pro.Code,995.240(permittingthe trial courtto waivethe
bond requirement for an indigent);
10. Cal. R. Ct. 8.112 (West 2008) (permitting a petition for writ of supersedeas to be filed in
the appellate court)
l2. Need for stay and the reason why security cannot be provided.
13. T of inability, the amount is excessive, legal theory was weak.
14. T will be able to raise substantial issues on appeal.
First, Plaintiff failed to show, as they must, that the Trial Court committed probable error.
Instead they simply reiterate arguments the trial court rejected. (e.g., LL claim for back rent).
Nor can they show probable
B. Second, Plaintiff failed to show, as they must, that without a supersedeas, they would be
deprived of the of success on appeal. That is, they have not shown either that the
denial of supersedeas would cause them irreparable injury or that the granting of supersedeas
would not cause the T disproportionate
C. Indeed,Plaintiffcannotmakethat showing.
D. The harm in denying supersedeas would be insubstantial, as its plan is to evict the T.
E. By contrast, the grant of the supersedeas would cause the T and her animal aide substantial
harm.F.
"With their obvious potential for financial prejudice and disruption," challenges like
Plaintiffs' must not be permitted to drag on to the potential serious injury" of an entity like
the PHA or the public at large.
G. Given Plaintiffs failure to carry their burden and the serious injury that further delay
threatens, this Court should summarily deny their supersedeas and stay request.
H. A bond procured through fraud or duress may be unenforceable, but mistake on the part of
the obligoras to the contentsof a bond,or its legaleffect,is not a defenseto enforcementof
the bond.
I.T can win a reversal.
Context.15.
LL may not obtain a writ of recovery as if for failure to pay rents not alleged as due in
the complaint.
16. Holding forfeiture of T’s public housing lease, considering her disability, indigence, and
her willingness to cure any claimed breaches would be inappropriate.
4
NOTICE OF APPEAL (COURT OF APPEALS) 3
17.WhereT was evicted,the LL must bearthe expensesof storage,
and retum of the T’s personal
18. Involving govemment·subsidized housing, payments of government subsidy after
issuanceofwrit thewrit.
19. LL waived the right to restitution by accepting rent for the month in question for future
months.
20. And that the rent transactions created a new tenancy by the parties.
Legal
Negligence, Breach of Contract, or Breach of Warranty.
Amount of the counterclaim. $1000 response to payments, $906 personal property damage, $500
decreaselossof use, $500lossof use.
Witness : JUDGE CLYDE R. LEUCHTAG
What the witness can offer: By his two in play, were regarded as alternative
remedies for the same wrong.
Contacted on: October 30, 2015
Discussion held with witness: Plaintiffs right to possession and the conversion itself.
Uncooperative Witness : KEVIN HAROLD FULTON
What the witness can offer: Writ of Possession Letter. Dispossess by
Uncooperative Witness : VALEX "DUKE" AMOS HI
What the witness can offer: "Duke" by fraudulent representations as to his
induces T to deliver dwelling unit to him. T believing in good faith that he would conduct an
investigationof disputedor transactionor occurrencethat is subjectof claim
as agreed. For which he stated required compensation. Otherwise, theft and
damages offenses, or other late payment fees or penalties and compensation have
not been returned to me.
Uncooperative Witness : ORION REAL ESTATE SERVICES dba CUNEY
What the witness can offer: Misrepresentation or fraud in the debt.
from: TRACETTE DESHAWN HOUSE
Obtained on: September 14, 2015
What fact(s) this evidence will supply: The lease was removed and appropriated by third
persons —that he was privilege to do so.
in Plaintiffs Public Housing Authority (PHA) Notice to Vacate
5
NOTICE
OFAPPEAL OFAPPEALS)
(COURT 4
Whatfact(s)this evidencewill supply: Paymentof rent andotherchargesallegedto be
owed.
Other: Police and other Agreement.
Obtained
on: October1,
What supply: Theftand personalpropertydamageoffensesand
Even child is known by his actions, by whether his conduct is pure and right. Proverbs 20:11
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy ofthe above and foregoing
Noticeof and of was
to the County Civil Court’s and sent by U.S. postage fully
to the followingcounselfor Plaintiffs:
on this the day of November,
_
PRO SE
6
10/30/2015 WebInquiry
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Password:
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Civil Courts - January 1977 to
CaseNumber:
1067413 available
fromJan.
1, 2008
to
Present
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reflect(s)filings
accepted
through
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1067413 09/14/2015 JP Citation CCCL-2015-
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ons/websearch/Civil.aspx1/4
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1067413 09/14/2015 JP Citation Returned
12:30PM
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1067413 JPDocket
Sheet -
12:30PM
1067413
09/14/2015
JPAnswer DEFENDANT'S
12:30PM ORIGINAL 1
ANSWER
1067413 09/14/2015 Contest JP APPEALED
12:30PM TO
DEFENDANT'S 3 _ _
PORTION
OF
RENT
1067413 09/14/2015 JP Notice DEFENDNAT'S
12:30
PM OF 1 _ _
APPEAL
1067413
09/14/2015 JPAPPEALED
12.30PM AFFIDAVIT
OF 3
INDIGENCY
1067413 09/14/2015 JP Notice OF FILING
12:30PM SWORNSTATEMENT
OF
TO
INABILITY CCCL-2015-
PAYTOAPPEAL 315513
AJUDGMENTIN
ANEVICTION
CASE
1067413 09/14/2015 JP Notice ON FILING
12:30PM SWORNSTATEMENT
OF CCCL-2015-
INABILITY
TO 315516
PAY(EVICTION
APPEAL)
1067413 09/14/2015 JP Notice DISBURSEMENT
12:30PM HISTORY
QUERY
JUDGE
ZINETTA
A.BURNEY
1067413 09/14/2015 Transcript from of the Peace CCCL-2015-
12:30 PM Court 315521
1067413 JP Notice BILLOF COSTS I
12: 0 PM 315523
1067413 09/14/2015 Exhibit JP APPEALED CCCL-2015- I
12:30PM 315524
1067413
09/14/2015
04:09 PM
Case
Initiated
-Petition — CCCL-2 I
1067413
09/15/2015
Pauper's - 314191
CCCL-2
10:31AM 315036
1067413 09/15/2015 Pauper's Eviction CCCL-2015-
10:31AM 315037
2/4
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1067413
09/15/2015
JPFax
Inquiry
- I
10:31AM
1067413 09/15/2015 Receipt# 1079631 for the
10:58 AM of$ 227.00 using Non-
Monetary Funds
1067413
09/17/2015
crt for
Trial -
1067413
09/17/2015
09:23AM
1-Order
Crt for
Trial
1067413 09/24/2015 Rule 11 RULE11 CCCL-2015-
02:01 PM AGREEMENT 328119
106741310/01/2015Motion MOTION
FOR
08:28 AM DISMISSAL/RULE
12(C) MOTION,
FOLLOWINGDEFENSES:
THE
PARTIES,
VOLUNTARYWITHDRAWL
OF 14
THE COMPLAINT,
ANDPROCEDURALDEFECTS
SUCH
ASLACKOF
JURISDICTIONOR
AFAILURE
TOSTATEA
CLAIM
1067413 10/01/2015 Funds to of Court TO BE
03:22PM DEPOSITED
INTOTHE
OF
THECOURT
(RENTFOR
OCTOBER)$202.00
1067413 10/05/2015 1-Motionfor Entry/Notice of Intent CCCL-2015-
03:31PM to Dismiss-Settlement
1067413
10/05/2015
Crt
1-Motion
for -
Intent
03:31 PM to Dismiss-Settlement 340 61
1067413 10/20/2015 Funds to Registry of Court TO BE
12:14PM DEPOSITED
INTOTHE
REGISTRY
OFTHE
COURT
JP 0
APPEAL
9
10/30/2015 Inquiry
`` E\/72C0039956
RECIEPT#188213
$202.00
1067413 10/26/2015 Motion RULE12(C)
03:55 PM
ON 36727
JUDGMENT
MOTIONFOR
THEPLEADINGS
CCCL-2015-
4/4
10
NO.1050094
HOUSTON § COUNTYCOURTAT LAW
§ .
TEXAS
COUNTY,
HOUSE
et COURT
NO.
inthe theHoustonHousing filed Notice
prejudiceits House. Therefore,
the is withoutprejudiceto The to
their own
``
-
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11
ALLIED
5
Dear
the for 2015. Please
will do home been
the
of willbe
well. Mr.
of 'enee
will be to
· your
· ent home
be next to
these you supply
so
performed. supply as the
inyour
.
be
will of a needs for year.
100
for i ti| by July The
6, to be (3)
For month you will all
t owed.
be and if
lf onceyou your
to be made, for
all Orion
12
be resident an ofthese
willbe will
terms but not to
community
be at
time will be a Orion will be meeting
· of concern you your
you and hopeyou will by
· and we welcomeyour we be of
· i yo to within
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youcall ·
we the o · Cuney
Vice
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.
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Sh t_ 0
A.BURNEY
CaseNumb| · V72C0039| 6 ‘
.
CUNEYHOMES
HOUSE. Rent byTenant
Amountof RentPerMonth
c
AmountofRentPer Month by
Present Trial.
``
Notice Given
by: AppealAmount
Defendant’s setat ·
set at '
No writ of possession will until the expiration of days from the time of signingof this
'
Rent of
The amount of rent to be each pay the pendeucy of any appeal .
A portion of the rent is payable by a government agency, and the of rent to
¤ Portion of rent government
appeal is: $ by defendant; $ by government
be paid each rental pay period during the pendency of any
agency
The other relief not in the signed below.
AGREEDJUDGMENTFOR (S)
styled cause, by of the judgment is for
On 08/21/15, the court the above·numbered
for of the sued for in the above by the parties, the writ possession will
the for
issue on or some day and above
attomey fees and all costs of suit with at of 5.00% per annum, the date of Judgment until
owed, plus
for which let issue.
- Justiceofthe 08/21/15
for the above for
On 08/21/15, the court heard the above-numbered and styled
against for which let of possession issue on AUGUST27, 2015,
possession of the property sued for in s
and further, that defendant(s) for rent owed,
or someday of let
plus $00.00 as attomey all costs of suit with 5.00% per annum,
issue. · · .
Ju| thePeace 08/21/15
_
F|" '
On 08/21/15, the court heard the above-numbered and styled that the above to appear, failed to answer, and
whollymade It is decreedthat is enteredforthe above possessionof the property for in s
petitionagainstabovedefendant(s)forwhichlet writof possessionissueon AUGUST27,_2015,or someday and thatabove
for plus attomey fees,
as rent all costs of suit with
have judgment against above
interest thereon at a rate of 5.00% per the of let issue.
of the Peace 08/21/15
- judgment is for the defendant(s)
On the court heard the above·numbered and cause,
above for possession of the sued in above as and cost
any, with interest thereon at a rate of for which let execution issue.
|- Justiceofthe Peace 08/21/15
· DISMISSAL
On 08/21/15,thecourtheardthe above-numbered andstyledcause,determinedandorderedthatthe caseis dismissed
dueto lackof jurisdiction
as neitherof appeared
on the (s)' motion
on the above motion
by agreement of the above and defendant (s) and each side bears their cost incurred
(s) Peace Signed: 08/21/l5
-
15
Sheet
CaseNumber:
NOTICE PARTIESINTENDINGTO APPEAL:RIGHTTO REQUESTAPPOINTMENTOF ATTORNEY
lf you intendto appealthe Judgment the JusticeCourtby a Pauper’s you have the right to requestthe
ofan attorneyto you in the proceedingsin the CountyCivilCourts at Law.
You may Pauper’s has been and the appealperfected.
You must make your for appointmentof an attomey, in writing,to the CountyCivil Court at Law in which the appeal is
An appointed attomey’s is in the trial de novo in County Civil Court at Law. The County Civil Court at Law may
therepresentation
for cause.
NOTICE TO INTENDING TO APPEAL BY FILING PAUI’ER’S AFFIDAVIT
appeal
If you are unable to pay the costs of or an bond, you may the Judgment of the Justice Court by a
pauper’s no laterthan the day the date judgment is
lf you are the tenant and file a pauper’s to appeal an of rent, you must pay the initialdeposit of
rent into the registry of the justice days of the date you the pauper’s The rent must bc paid by
cash, cashier’s check or money order payable to of the Peace." ``
Your to the into ourt by time resultin the
a writ of appeal has been a pauper’s even
though a writ possession transcript and will be to Civil Court at Law for
trialde novo.
_. ._
RIGHTTOCONTEST BYGOVERNMENT
If a govermnent agency is responsible for all or a portion may the determinationof the portion of
rent to be paid by the tenant. A must be with on or before day the date thejudgment in
the eviction proceeding is signed. Not later than the Court will notify the parties and
hold a hearing to determinethe amount be paid by tenant of the agreement and laws and
regulations. If the tenant object to the Court’s on the portion of rent paid, the is required to pay onlythe
portion that the tenant claims is oweduntil the issue is heard in the Civil Law. During the appeal, the tenant or the
landlord may a motion with the Civil Court at Law to amount rent that the tenant must pay into the
Registryofthe
. -
_ .
16
-
- - ··
17
- NO.1067413
CUNEY HOMES § IN THE COUNTYCIVIL COURT -
—PLAINTIFF §
v. ATLAWNo.
TRACETTE HOUSE
DEFENDANT § HARRIS TEXAS
COUNTY,
On September 24, 2015, the Court heard the Petition for Forcible Detainer brought by
_
CUNEY HOMES TRACETTE HOUSE.
1. PLAINTIFF in and by attorney Duke Amos SBN: 24084295.
2. DEFENDANTTRACETTEHOUSE .
3. The Court determinedthat it had proper jurisdiction over the cause and that venue was
proper.4.
forcible
The Court that this is a suit for detainer relating to leased premises at 3200
Truxillo #103F, Houston TX 77004 and a lease agreement entered into by the parties on ·
1, 2015
5. OnAugust21, DEFENDANT appealeda JudgmentinfavorofPLAINTIFFfromthe
Justiceof the Peace
6. A was demandedby DEFENDANT.
7. No jury was requested.
|. |, ' •
=
18
``.|
. _
•
..
|.-· : ·
"'.· |fthe loca|
- ·
•
•
,
Signed on the of 2015.Judge
.
19
NO.1067413
IN CIVIL
v. AT
On Court heard the Petition for Forcible Detainer by
CUNEY
HOMES
1. PLAINTIFF by attomey Duke Amos SBN:24084295.
3. The Court had overthe andthat venuewas
proper.
4. TheCourt thatthisisasuit relating at3200
premises
toleased
Truxillo #103F, Houston TX 77004 and a into by the parties on
1,2015
5. On August21, 2015,DEFENDANT appealed in favorof PLAINTIFFfromthe
ofthe ·
6. Atrialwasdemanded
byDEFENDAN
T.
7. No jury was requested.
|_ ' - · .l · ·
. .
20
``.
•_
- ··
•
•.
• ··
_
the |c
entwhichis c
• ¤
F
21
APPROVEDASTO FORMAND
Fulton; SBN: 24059787
SBN:
"Dukc"AmosIII;
2855 Road, 413
Houston,TX77092
7l3.677.0109
(832) 201.8847
_
IFF
forPLAINT
HOMES
CUNEY ·-···
_
‘
22
HOMES
CUNEY THE CIVIL
COURT
VS. ATLAWNO.ONE(1)
HOUSE
TRACETTE COUNTY,
HARRIS TEXAS
The supersedeas bond to stay of this Judgment is hereby set at $
.
Said bond to be either cash of corporate surety bond.
_
JUDGEPRESIDING
23
&
2640 ViewDriveHouston, 77057l
Monthly For Rent and Other
House, Tracette D
3200Truxillo
103F
TX 77004
Houston,
UnitID:501390
Development: Cuney Homes
_ Security Deposit $244.00 _
Beginning Balance: $1,947.97
Current Activity from 10/2/2015 to 11/1/2015
Description Tran Amount Security Deposit
TranDate
203.00 No
11/01/2015 11/01/2015 Rent Charge
$2,150.97
Total Amount Due:
Ending Balance: $2,150.97\\H
24
ISSUE
11:14:09AM
County
County
L W G 0U L LC
H-Texas
01 740
TX77002
ouston
Please the followingrequest for Writof Possession
.
Please contact the (713) 677-0109
·
I .
Mangum Rd Suite
Sincerely,
Allen
Legal
·
25
STAN STANART
COUNTY HARRISCOUNTY,'TEXAS
COUNTY
CIVIL
COURTS
DEPARTMENT
Number: 1067413
ReceiptNumber: 1093715 11/2/15 $125.00
CUNEYHOMES In The County Civil at Law No. One (1)
201
HarrisCounty,
Texas77002
|-|
STATE TEXAS
POSSESSION
ONPROPERTY(AWARDOFPOSSESSION)
I 0 Any or or| |orizedPersonoftheStateOfTexas
on the day |ctober, 2015 ' tiff(s)in numberedand styled was awarded possession
Defendant(s), TRACETTE HOUSE following described property in the county: 3200 Truxillo
I #103F,HoustonTX77004(“Premises")
Andwhereas, daysormorehaveexpire|fro |session was
Youare herebycommandedtoposta writtenw| |f st 11inchesontheexteriorofthefrontdoorofthe
premises,notifyingtheDefendant(s)
thatthewrithas it willbeexecutedon or aftera date
and time statedin the warningnot soonerthan24 hours ``
de|
You are hereby commanded on the execution of this writ, to p|ss the premises to P1aintiff(s),and to:
|..
(1) Instruct the Defendant(s) and all persons claiming under the Defen| |s) e the premises immediately, and
if theyfail to comply,physically
removethem.
(2) Instruct the Defendant(s) to remove or allow the Plaintiff(s) representati| or acting under your
supervision to remove all personal property the premises, other than claimed to be
owned
by Plaintiff(s);
and
(3) Place, or have an authorized person the moved personal property outside the p |b|ocation,
but not a public passageway, or and not while it is raining,
You are further authorized, at your discretion,to engage the servicesof a bondedor insured re|
and store, subject to applicable law, part of all of the property at no cost to the plaintiff or the executin| e
You are that under section 7.003 of the civil practice and remedies code, you are not liable for damages resulting
from the execution of the writ if you execute the writ in good faith and with reasonable diligence.
Make due return of this writ by showing how you executed
_
P.O. Box 1525 I ’I’X77251- 1525 I (713) 755-6421
H-Ol-19 08/31/2011) Page 1 of 1
26
Filed on 11/3/201512:25:44 PM
Docket Number: 1067413
Issued given under my and seal of said Houston, this, 3rd day of
(SEAL) STAN STANART, County Clerk
County Civil At Law No. One (1),
201 Suite
County,Texas
Benjamin
J.Hemandez
TONLAWGROUPPLLC
288 MANGUM’ SUITE413
HOUSTON,
TEXAS
O’CLOCK . M.,AND ONTI—IE
__
AT
_
···—
(AUTHORIZED (SHERIFF / CONSTABLE)
BY DEPUT
|COUNTY, 'I'EXAS
(N
152SI 755-6421
(713)
H-01-19(Rev.08/31/2011) 2 of 1
27
‘
2640 View Drive 400 77057 | Ernie President & CEO
TimothyF.
ofCommissioners Chair|Rev. Cloyd, Chair Tran |RuebenC.Casarez
Office of Public Housing Operations
NOTICE TO VACATE
27, 2015
_
HAND DELIVERY
.
TracetteHouseand All
3200 Truxillo St #103F
Houston, Texas 77004
RE: Housing Residential Lease (the "Lease") Dated
10/01/2015 by and between Tracette House and the Houston Housing Authority (f/k/a
Housing of the City of Houston for the unit located at 3200 Truxillo St #103F
Houston,Texas "Premises").
_ _ _
Dear Tracette House and All Occupants:
The of this letter is to notify you that, due to your default under the Lease, your
right to possession of the Premises is hereby terminated.
As you were previously the Housing Authority has become aware that your
rent is delinquent in of $203.00 for the month(s) of October 2015 The
.
fees are also fees;
and $0.00 in other fees.
These actions constitute material violations of the Lease by you, including but not
limited to the Rental Amountsection of the Lease which states,rent is due and payablein
advance without demand on the day of each month and shall be considered delinquent
after the fifth business day of the month. The Lease defines non-payment of rent as a material
non—compliancefor which your tenancy may be terminated.
Pursuant to the Lease and applicable law, you are notified as follows:
A FairHousingandEqualEmployment Agency
Individualswithdisabilitiesmaycontactthe 504/ADAAdministratorat 713·260-0528
TTY 713-260-0547or 504__ADA@hach.org to requestreasonableaccommodations.
28
1. Due to your refusal to complywith the above mentionedportionsof the Lease, your
right to occupy the Premises is hereby terminated. You have (3) calendar days
fromthe dateof this letterin whichto vacate the Premises.
2. You are expectedto leavethe Premisesin a cleanand rentablecondition.You will be
held resPonsible for any damages done to the Premises.
3. In the event that you fail to vacate the Premises within three (3) calendar days, it is the
Housing Authority’s intention to suit against you in the applicable Justice Court to recover
possession of the Premises. In any such suit, the Housing may seek recovery of any
damagesdoneto thePremisesas wellas courtcosts,expensesandinterest.
4. Nothing contained herein shall constitute an election or waiver of any rights or
remedieswhichtheHousing has;it is theHousing to
all rights and remedies available to it pursuant to Texas law; any in
taking any action shall awaiver of Housing Authority’s to take such
action at any nothing contained herein shall of any other
which may currentlyor hereafterexist.
Sinc|
M|rA
FairHousingand EmploymentOpportunityAgency
Individualswithdisabilitiesmay contactthe 504/ADAAdministrator 713·260-0528
TTY 713-260-0547or 504_ADA@hach.orgto requestreasonableaccommodations.
29
Officer's
FeeReceipt
' State of Texas Stan Stanart, County
Countyof
County _ _ Courts (713) 755-6421
Cashier:
SZAM
Receipt #: 1084832
Receipt Date: 10/1/2015
Fees Assessed
HOUSTONTX77004
Party Name: CUNEY,
Court Number: One (1)
Party Name: FULTON JR, KEVENHAROLD
Court Number: One (1)
Party Name: TRACETTEHOUSE
Cash$202.00TotalPaid
Court Number: One (1)
Tender Type
$20 Tender SubType Check #/CC Auth # Tender Amount
Over Payment: $0.00
OCTOBE
FOR
DEPOSITED
TO
BE THE
INTO
Remarks: RENT
COURT
OF
THE
REGISTRY Change Due: $ 0.00
Print Date: 11/9/2015 4:04:15 PM
30
of
of
County Form _ (713)
Fee Officer's Official Receipt
Receipt
#:1090052
_ Receipt Date: 10/20/2015
Fees Assessed By:
SZAIVIORA
OFHARRIS TEXAS
TREASURER P VP · V P
1001 PRESTONAVE
77002
Court Number: One (1)
`` CUNEY VS. TRACETTEHOUSE
CourtNumber:One(1)
Court Number: One (1)
Tender Type Tender Su bType Check #/CC Auth # Tender Amount
Check 01157257 $202.00
Total Paid: $202.00
Over Payment: $0.00
Change Due:
Remarks: TO BE DEPOSITEDINTOTHE REGISTRYOF THE COURT;JP APPEAL;EV72C0039956; RECEIPT
#188213
Print Date : 10/30/2015 12:54:53PM
31
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RECORDER’S
MEMORANDUM:
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32
§ INTHE CIVIL
COUNTYCOURT
V. AT LAW NO. ONE (1)
TRACETTE
HOUSE
DEFENDANT § HARRIS
COUNTY,
TEXAS
On September24, 2015, the Court the Petitionfor ForcibleDetainerbroughtby
CUNEY HOMES TRACETTE HOUSE.
1. PLAINTIFF in person and by attorney Duke Amos SBN: 24084295.
2. DEFENDANTTRACETTEHOUSE
.
3. The Court determined that it had proper jurisdiction over the cause and that venue was
proper.4.
The Court finds that this is a suit for forcible detainer relating to leased premises at 3200
Truxillo #103F, Houston TX 77004 and a lease agreement entered into by the parties on
February 1, 2015
5. On August 21, 2015, DEFENDANT appealed a Judgment in favor of PLAINTIFF from the
Justiceof the Peace ·
6. A trial was demanded by DEFENDANT.
7. No jury was requested.
|. '| · |, an| argumen|, •
· 9 9 ’|
: •
33
‘
• •
••
the of 201|Judge
Signed
on
34
APPROVED
ASTO AND REQUESTED:
Fulton; SBN: 24059787
MillcnZcmo;SBN:24084143
"Dukc"AmosIII;SBN:24084295
2855 Suitc 413
Houston, TX 77092
(832)201.8847
for PLAINTIFF
CUNEY
At
cf
°
35