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Dallas County tenants who appeal evictions find better outcomes

The Dallas Morning News - By Leah Waters - January 2023

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Here is an excerpt:

The proceedings, about 80% of the time, were dismissed, abated or ruled in favor of tenants.

During a year in which Dallas County evictions were at a five-year high, about 80% of times in which tenants appealed, the cases were either dismissed, abated or ruled in favor of tenants, leaving legal aid experts questioning due process in justice of the peace courts.

On average, Dallas County justices of the peace rule in favor of landlords about 72% of the time, according to a study from the Child Poverty Action Lab. However, on appeal, the outcomes are much more varied as tenants have more time to prepare a defense or work out a settlement and landlords are required to provide evidence of lawful evictions.

The appeals data reveals how unbalanced the scales of justice can be for low-income renters during a time of rent spikes and high inflation, says Mark Melton of the Dallas Eviction Advocacy Center.

“On average in the three busiest courts in Dallas County, we spend less than four minutes developing the facts for eviction cases for tenants. And we get it wrong most of the time,” Melton said. “I cannot imagine anyone looking at that data and concluding that that is constitutionally sufficient due process."

A closer look at the data shows about 51% of the time, eviction suits are dismissed, abated or resolved without a judgment when appealed, while 21% of the time the landlord’s case is nonsuited by the court. Appeals judges rule in favor of tenants in 8% of cases and in favor of landlords in 20% of cases.

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