What Evidence Does the Court Consider in An Eviction Suit?

San Antonio Eviction Lawyer Trey Wilson wrote:

In preparing for an eviction trial, careful analysis of the nature and types of evidence the court will consider is important. The types of evidence admitted at eviction trials largely depends on what the Landlord/Plaintiff has alleged in their Petition (lawsuit papers).

In almost all eviction trials, the Court will review and consider the following:

1. The parties' rental agreement (written lease, lease amendments, etc.);

2. Evidence of the tenant's rental payments (or lack thereof), including cancelled checks or a payment accounting;

3. Evidence, including photographs, supporting the Landlord's allegations as to other lease breaches (unauthorized occupants, damage to the premises, evidence of neglect); and

4. Evidence that the Landlord delivered to the Tenant proper "Notice to Vacate" prior to filing the eviction suit.

In cases where the tenant is claiming that she is excused from payment based upon "repair and deduct" remedies, records of repairs (and payment for same) are also considered, as are the written notices between the landlord and tenant concerning the need and demand for such repairs.

When strategizing for trial (or seeking the counsel of an attorney) a party to an eviction suit should assemble all relevant documents, while those not "on point" with the Landlord's petition should be set aside.