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Legal representation increases Dallas tenants’ chances of avoiding eviction

The Dallas Morning News - By Leah Waters - October 2022

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Child Poverty Action Lab data reveals how courts rule in landlords’ favor 84% of time when tenants don’t show up; when tenants appear with legal representation, landlords win only 10% of cases.

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 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.

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