Cristina Castaneda v. Dannette Zuniga

FILED
AMENDED APPELLANT'S BRIEF «N THE 13TH COURT OF APPEALS
August 21, 2015 COPPusc^ST,™*
AUG U <£$!>
Cause Number: 13-14-00606-CV CEGIkE FOY Q@AWj£§$L£RK

In the 13th Court ofAppeal at the Hidalgo County Administration Building 10/^. Cano
5th Floor Edinburg, TX 78539

Cristina Castaneda V. Dannette Zuniga

Original proceeding from Hidalgo County Court 2 Honorable Judge Jaime Palacios
presiding

Appellant's brief on the merits

ORAL ARGUMENT REQUESTED

Cristina Castaneda
1405 Grouse Ave.
Donna, Texas 78537
956-534-7942
ccastaneda0227@gmail.com
Pro Se Litigant

RECEIVED
AUG 2 h 2015
13TH COURT OF APPEALS
 Identities of Parties and Counsel

Pursuant to Texas Rule of Appellate Procedure 38.1(a) Appellant presents
the following list of all parties and name and addresses of its counsel.

Appellant:

Cristina Castaneda
1405 Grouse Ave.
Donna, TX 78537
Telephone: 956-534-7942
ccastaneda0227@gmail.com
Pro se

Respondent:

The Honorable Judge Jaime Palacios
Hidalgo County Court 2
100 N. Closner3rd Floor
Edinburg, TX 78539

Appellee:
Dannette Zuniga
3729 Frio Ave.
McAllen, TX 78504
Pro se
Pursuant to Texas Rule of Appellate Procedure 38.1(b) Appellant presents the following
table of contents

TABLE OF CONTENTS

IDENTITY OF PARTIES AND COUNSEL 1
TABLE OF CONTENTS 2
INDEX OF AUTHORITIES 3
STATEMENT OF CASE 4
ANY STATEMENT REGARDING ORAL ARGUMENT 5
ISSUES PRESENTED _6
STATEMENT OF THE FACTS 7
SUMMARY OF ARGUMENT 8
ARGUMENT 9-10
PRAYER 11
APPENDIX 12
SPECIAL ATTACHEMENTS CONTRACT 13-15
LAST NOTIFICATION OF ADJUSTMENT SEC. 8 16
LETTER REGARDING SPECIAL INSPECTION 17
LETTER 30 DAY NOTICE 18
SPECIAL INSPECTIONS FAILED STATUS ~ 19-21
ORDER DENYING NEW TRIAL 22
ORDER OF EVICTION AND POSTMARKED 23
LETTER FROM MHA JUNE'S RENT 24 ^
Pursuant to Texas Rule of Appellate Procedure 38.1(c) Appellant presents the following
index of authorities

INDEX OF AUTHORITIES

CASES:

EDWARDS V. HABIB

ANTHONY AWEKKA V. JOHN BONDS

COLLIERY CO. V. FOUT

STATUES:

24C.F.R. 982.310(B) NON-PAYMENT OF RENT BY PHA IS NOT
GROUNDS FOR TERMINATION OF LEASE

24C.F.R. 982.453 OWNER BREACH OF CONTRACT RESULTS IN
PENALTIES CONTRACT AUTOMATICALLY 180 DAYS FROM LAST
ASSISTANCE CHECK

24C.F.R. 982.310(D) (2) RENOVATIONS NO GOOD CAUSE FOR
EVICTION

PROPERTY CODE TITLE 8 SEC. 92.052 (a) DILIGENT EFFORT TO
REPAIR OR REMEDY

PROPERTY CODE TITLE 8 SEC. 92.053 (b) BURDEN OF PROOF
DILIGENT EFFORT WAS MADE TO REPAIR

SUBSIDY LAWS SEC.8-1 l.G OWNER MUST NOT SEEK PAYMENT
FOR AMOUNT ABATED NOR USE AS CAUSE FOR EVICTION

TEXAS PROPERTY CODE 92-331 RETALIATION PROHIBITED FOR
SIX MONTHS

TRCP 509.6(A) FAILURE TO REMEEDY

TRCP 509.9 WRITS ARE NEEDED FOR REMOVAL OF PERSONS AND
PROPERTIES
Pursuant to Texas Rule of Appellate Procedure 38.1(d) Appellant presents the following
statement of the case

STATEMENT OF THE CASE

PROCEDUAL BACKGROUND:
APPEALED JUSTICE OF THE PEACE CHARLIE EZPINOZA RULING
FOR PLAINTIFF
HEARING COUNTY COURT 2 JUDGE JAIME PALACIOS ON
SEPTEMBER 2, 2014 RULED IN FAVOR OF THE PLAINTIFF IN THE
AMOUNT OF THREE MONTHS RENT AND ORDER TO VACATE BY
SEPTEMBER 6, 2015 WHICH WAS SIGHNED AND MAILED
SEPTEMBER 5, 2014 AND WAS STAMPED POST MARKED
SEPTEMBER 8, 2014
APPEALED HIS JUDGMENT AND REQUESTED MOTION FOR A
NEW TRIAL SUBMITTED NEW EVIDENCE FROM LEGAL AID,
MCALLEN POLICE DEPT. AND MCALLEN HOUSING AUTHORITY
AND WAS DENIED NEW TRAIL

NATURE OF THE CASE:
PLAINTIFF DANNETTE ZUNIGA BROUGHT A CIVIL SUIT DUE TO
CONSTRUCTION AND NON-PAID RENT ON JUNE 3, 2014.
ORIGINAL CONTRACT STATES THAT THERE IS A 10 DAY GRACE
TO PAY RENT. PLAINTIFF BRETCHED CONTRACT BY FILING
SUIT BEFORE THE 10™ AS STATED IN THE CONRACT. PLAINTIFF
ALSO FAILED TO MAKE ACCOMIDATIONS OR REPAIRS THAT
HAD BEEN REQUSTED IN WRITTING APRIL 30. THE MONTH OF
MAY WAS THE LAST ASSISTANCE CHECK ISSUED DUE TO NON
COMPLIANCE. PLAINTIFF FAILED TO PROPERLY FILL OUT THE
SUBSIDIZED HOUSING PORTION OF THE PETITION WHICH
WOULD HAVE SHOWN MY PORTION ($0.00) OF THE RENT AS OF
MAY. HOUSING WAS IN CHARGE OF ALL RENT DUE OR ABATED
DUE TO NONCOMPLIANCE IN REPAIRS OF THE UNIT ON APRIL
30, 2014. PLANTIFF RECEIVED RENT FOR MAY AND CHOOSE TO
REPAIR THE ROOF AND FAILED TO REPAIR THE FAILED STATUS
UNDER HOUSING AUTHORITY. ON SEPTEMBER 7, 2014 THE
PLAINTIFF REMOVED THE DEFENDANTS PROPERTY WITH OUT A
WRIT OF EVICTION KNOWING THAT AN APPEAL WOULD BE
FILED.
Pursuant to Texas Rule of Appellate Procedure 38.1(e) Appellant presents the following
statement of oral argument

STATEMENT OF ORAL ARGUMENT:

TEXAS LAWS AND RULES WERE DISREGARDED BY THE
PLANTIFF, JUDGES AND HOUSING AUTHORITIES.

PLAINTIFF WAS OBLIGATED TO THE ORIGINAL CONTRACT AND
FAILED TO UPHOLD THE CONTRACT. PLAINTIFF ALLEGEDLY
RELEASED THE DEFENDANT OF THE CONTRACT SO THAT THE
DEFENDANT COULD MOVE INTO A SUITABLE DWELLING UNIT
WITHOUT ANY REPAIRS TO THE FAILED UNIT. (TRCP 509.6(A)
FAILURE TO REMEEDY) WHEN RENT WAS NOT PAID PLAINTIFF
DECIDED TO FILE SUIT TO COLLECT RENT THAT THE MCALLEN
HOUSING AUTHORITY CLAIMED TO ABATE TILL REPAIRS OR
ACCOMIDATIONS WERE MADE. (SUBSIDY LAWS SEC.8-1 l.G
OWNER MUST NOT SEEK PAYMENT FOR AMOUNT ABATED NOR
USE AS CAUSE FOR EVICTION)

NOTIFICATIONS AND PROPER PAPERWORK IS STILL PENDING
BY McALLEN HOUSING AUTHORITY. A CASE HAS BEEN OPEN
BY THE FAIR HOUSING AUTHORITY AGAINST THE McALLEN
HOUSING AUTHORITY AS WELL AS THE HUD DUE TO THESE
ACTIONS.
 Pursuant to Texas Rule of Appellate Procedure 38.1(f) Appellant presents the following
issues presented

ISSUES PRESENTED

DID THE TRIAL COURT ERR IN EXCLUDING CRITICAL EVIDENCE
PRESENTED AT THE TIME?

IS THERE FACTUALLY SUFFICIENT EVIDENCE TO SUPPORT THE
JUDGEMENT OF THE TRIAL COURTS?

DID THE TRIAL COURT ERR IN NOT GIVING SUFFICIENT NOTICE
OF THE ORDER?

THE LANDLORD ISSUED A 30 DAY NOTICE WITHOUT GOOD
CAUSE.
DURING THE INITIAL TERM GOOD CAUSE HAS TO BE
SOMETHING THE FAMILY DID OR FAIL TO DO. (24 C.F.R.
982.310(D)(2))
JUDGE PALACIOS ORDERED THAT THE DEFENDANT MOVE OUT
BY SEPTEMBER 6, 2014 AND ISSUED THE PLATIFF DANNETTE
ZUNIGA PAPERWORK TO PREPARE AN ORDER ON SEPTEMBER 2,
2014. THE SIGHNED ORDER WAS MAILED OUT TO DEFFENDANT
ON THE 5th OF SEPTEMBER AND WAS NOT RECEIVED TILL
SEPTEMBER 8, 2014. PROPER NOTICE WAS NOT GIVEN TO
DEFENDANT AND THE ORDER SHOULD BE VOID. PLAINTIFF
USED THE ORDER TO REMOVAL OF ALL PROPERTY ON
SEPTEMBER 7, 2014 AND REMOVAL OF ALL OCCUPANTS ON
SEPTEMBER 10, 2014 BY THE MCALLEN POLICE DEPT. AND WAS
DONE WITHOUT A WRIT. (TRCP 509.9 WRITS ARE NEEDED FOR
REMOVAL OF PERSONS AND PROPERTIES)
Pursuant to Texas Rule of Appellate Procedure 38.1(g) Appellant presents the following
statement of the facts

STATEMENT OF FACTS

ON APRIL 30, 2014 SPECIAL INSPECTION PROPERTY FAILED HUD
REGULATIONS
ON MAY 1, 2014 NOTICE TO VACATE DUE TO CONSTRUCTION
ON JUNE 3, 2014 FILE SUITE IN JUSTICE OF PEACE CHARLIE
ESPINOZA
ON JUNE 16, 2014 ORDER TO PAY $625 AND $111 IN COURT COSTS
ON SEPTEMBER 2, 2014 COUNTY COURT 2 JUDGE JAIME
PALACIOS HEARD THE LAWS REGARDING REPAIRS THAT WAS
PRESENTED BY THE DEFENSE. ORDER IN FAVOR OF THE
PLAINTIFF AND DEFENDANT RECIEVED ORDER ON SEPTEMBER
8, 2014 TO FILE AN APPEAL.
ON SEPTEMBER 5, 2014 THE ORDER WAS SIGNED AT 3:12PM
ORDERING ALL OCCUPANTS TO VACATE PROPERTY 3709 FRIO
AVE. MCALLEN TX 78504 AND RENT OWED OF $1250.00
ON SEPTEMBER 7, 2014 PLAINTIFF DANNETTE ZUNIGA
REMOVED PERSONAL PROPERTY WITHOUT A WRIT.
ON SETEMBER 10, 2014 PLAINTIFF REMOVED ALL OCCUPANTS
WITHOUT A WRIT
ON SEPTEMBER 12, 2014 FINAL JUDGEMENT WAS SIGHNED BY
JUDGE JAIME PALACIOS
MOTION FOR A NEW TRIAL HEARING NOVEMBER 17, 2014
SUBMITTED EXHIBITS 1-6 DENIED A NEW TRIAL INLIGHT OF THE
NEW EVIDENCE
Pursuant to Texas Rule of Appellate Procedure 38.1(h) Appellant presents the following
summary of the argument

SUMMARY OF THE ARGUMENT

PLAINTIFF IS HOLDING DEFENDANT TO THE ORIGINAL
CONTRACT. IN ACCORDANCE TO THE CONTRACT SUIT WILL
ONLY BE FILED AFTER THE 10™ FOR UNPAID RENT. (ORIGINAL
CONTRACT P.2 EVICTION NOTICE) THE 30 DAY NOTICE THAT
WAS GIVEN WAS DUE TO CONSTRUCTION, (24 C.F.R. 982.310(D)
(2) STATES RENOVATIONS ARE NO GOOD CAUSE FOR EVICTION.)
PLAINTIFF FAILED TO REEMEDY THE FAILED INSPECTION.
(TRCP 509.6(A) FAILURE TO REMEEDY) PLAINTIFF WAS GIVEN
ALL OF MAY TO COMPLY WITH HOUSING REGULATIONS
INSTEAD PLAINTIFF COMPLETED THE CONSTRUTION ON THE
ROOF BY THE 2nd WEEK OF MAY AND REFUSED TO MAKE
REEMEDIES TO REPAIRS TO COMPLY THE CONTRACT
REGARDING ACCOMIDATIONS, OR WITH MCALLEN HOUSING
AUTHORITY'S STANDARDS. DUE TO THE BRECH IN CONTRACT
DEFENDANT WAS FORCED TO FIND A SUITABLE DWELLING
UNIT FOR THE HEALTH AND WELLBEING OF ALL OCCUPANTS.
PLAINTIFF ALSO REFUSED TO RETURN THE SECURITY DEPOSIT
WHICH WOULD HAVE HELPED THE DEFENDANT TO MOVE OUT
PRIOR TO THE PROCEEDINGS. (TEXAS PROPERTY CODE 92-331
RETALIATION PROHIBITED FOR SIX MONTHS)
Pursuant to Texas Rule of Appellate Procedure 38.1(i) Appellant present(s) the following
argument

ARGUMENT

PLAINTIFF DANNETTE ZUNIGA HAS NOT COMPLIED WITH THE
CONTRACT SIGHNED IN JANUARY. ON APRIL 30, 2014 MCALLEN
HOUSING AUTHORITY FAILED A SPECIAL INSPECTION AND PAID
THE FULL RENT FOR MAY. PLAINTIFF ONLY FIXED THE
CONSTRUCTION ON THE ROOF BUT FAILED TO REEMEDY OR
REPAIR THE REQUEST DONE BY THE HOUSING INSPECTION.
(TRCP 509.6(A) FAILURE TO REMEEDY) ON MAY 1, 2014
PLAINTIFF GAVE 30 DAY NOTICE DUE TO CONSTRUCTION. (24
C.F.R. 982.310(D) (2) RENOVATIONS NO GOOD CAUSE FOR
EVICTION)

ON JUNE 1, 2014 RENT WAS NOT PAID BY THE MCALLEN
HOUSING AUTHOEITY, (24 C.F.R. 982.453 OWNER BREACH OF THE
CONTRACT RESULTING PENALTIES) AND PLAINTIFF FILLED A
CIVIL SUIT ON JUNE 3, 2014. (SUBSIDY LAWS SEC.8-1 l.G OWNER
MUST NOT SEEK PAYMENT FOR AMOUNT ABATED NOR USE AS
CAUSE FOR EVICTION) THE ORIGINAL CONTRACT CLEARLY
STATES THAT A TEN DAY GRACE WOULD BE GIVEN WHEN RENT
IS NOT PAID. IN ACCORDACE WITH THE CONTRACT SUIT
SHOULD NOT HAVE BEEN FILLED AFTER JUNE 10, 2014.
(ORIGINAL CONTRACT EVICTIONS P2) ON JUNE 17™ THE
DEFENDANT REFUSED TO ACCEPT PAYMENT FROM HOUSING
AND INSISTED ON GOING FORTH WITH THE EVICTION. AFTER
THE J.P. COURT'S CHARLIE ESPINOZA'S RULING THE
DEFENDANT INFORMED THE HOUSING AUTHORITY OF THE
EVICTION ORDER WHICH PUT A STOP TO JUNE'S RENT.
FURTHER MORE, PLAINTIFF SHOULD NOT PENALIZE
DEFENDANT FOR THE PORTION OF RENT KEPT BY MCALLEN
HOUSING AUTHORITY DUE TO FAILED INSPECTION. (SUBSIDY
LAWS SEC.8-1 l.G OWNER MUST NOT SEEK PAYMENT FOR
AMOUNT ABATED NOR USE AS CAUSE FOR EVICTION)

ON SEPTEMBER 2, 2014 JUDGE JAIME PALACIOS RULED IN
FAVOR OF THE PLAINTIFF FOR THREE MONTHS RENT AND
ORDERED TO VACATE BY SEPTEMBER 6, 2014. UPON IS RULING
JUDGE PALACIOS GAVE THE PLAINTIFF THE RULING SO THAT
AN ORDER COULD BE FILED AND WHEN DEFENDANT ASKED
FOR THE SAME RULING SO THAT AN APPEAL COULD BE MADE
JUDGE PALACIOS EXPLAINED TO GO TO THE LAW LIBRARY. THE
ORDER WHICH WAS SIGHNED ON SEPTEMBER 5, 2014 WAS
MAILED AND POSTMARKED SEPTEMBER 8, 2014. PLAINTIFF
REMOVED ALL PROPERTY WITH OUT ANY NOTIFICATION OR
ORDER OF WRIT ON SEPTEMBER 7, 2014. ON SEPTEMBER 10, 2014
DEFENDANT WENT TO RECOVER PROPERTY THAT WAS
THROWN OUTSIDE AND TO MAKE A REPORT OF THE MISSING
PROPERTY WHEN PLAINTIFF SHOWED UP AT THE DWELLING
UNIT TO HAVE THE DEFENDANT REMOVED FROM THE
PROPERTY BY THE POLICE OFFICER WITHOUT RECOVERING
ANY PROPERTY. (TRCP 509.9 WRITS ARE NEEDED FOR
REMOVAL OF PERSONS AND PROPERTIES)

DUE TO THE DEFENDANT'S SANITATION COMPLAINT THAT THE
LANDLORD NOT ONLY FAILED TO CORRECT BUT PLAINTIFF
RETALIATED AGAINST THE TENANTS BY GIVING A 30 DAY
NOTICE TO VACATE DUE TO CONSTRUCTION. (EDWARD VS.
HABIB), (TEXAS PROPERTY CODE 92-331 RETALIATION
PROHIBITED FOR SIX MONTHS) THE TRIAL COURT'S DECISION
DISREGARDED THE LAWS THAT ARE SET FORTH TO PROTECT
THE TENANT. (SUBSIDY LAWS SEC.8-1 l.G OWNER MUST NOT
SEEK PAYMENT FOR AMOUNT ABATED NOR USE AS CAUSE FOR
EVICTION) BASED UPON THE EVIDENCE THE JUDGMENT
SHOULD BE OVERTURNED AND THE CASE DISMISSED.

10
Pursuant to Texas Rule of Appellate Procedure 38.1(j) Appellant presents the following
prayer

PRAYER

APPELLANT IS REQUESTING THAT THE CASE BE DISMISSED AND
THAT THE PLAINTIFF RETURN THE SECURITY DEPOSIT AND PAY
FOR PROPERTY THAT WAS REMOVED BY THE PLAINTIFF, (TRCP
509.9 WRITS ARE NEEDED FOR REMOVAL OF PERSONS AND
PROPERTIES) AND ANY OTHER RELIEF THAT THE COURTS DEEM
FIT (TRCP 509.6(2) (D) (E) AWARD TENANTS DAMAGES AND
COURT FEES)

11
Pursuant to Texas Rule of Appellate Procedure 38.1(k) Appellant presents the following
appendix in civil cases

APPENDIX

ATTACHMENTS:

LETTER 30 DAY NOTICE

LETTER FROM VIRGINIA CHAVEZ EXECUTIVE DIRECTOR AT THE
MCALLEN HOUSING AUTHORITY DATED JULY 2, 2014
REGARDING SPECIAL INSPECTIONS ON APRIL 30, 2014

MCALLEN HOUSING AUTHORITY SPECIAL INSPECTIONS FAILED

NOTIFICATION OF ADJUSTMENT TO THE SEC. 8 CONTRACT
DATED 4/24/2014 EFFECTIVE 5/1/2014

ORDER DENYING DEFENDANT'S MOTION FOR A NEW TRIAL

ORDER OF EVICTION AND POST MARK

ORIGINAL CONTRACT REGARDING 10 DAY GRACE BEFORE
EVICTION PROCEEDINGS

12
 Contract for House
3709 Frio Ave McAllen TX 78504

1. Owner Information
2. Name: Dannette Zuniga
3. Address: 3729 Frio Ave McAllen TX 78504
4. Phone Number: Cell: 956-451-2265
5. Address of Home for Rent: 3709 Frio McAllen TX 78504
6. Number of Bedrooms: 3 (three) Bathrooms: 1 (one)
7. Does house have fire detectors? Yes, 2(two) of them
8. Is the house insured? No
9. Does house have a refrigerator? NO
10. Dose house have a stove? NO
11. Does house have a washer/dryer? NO
12. Renter will pay: Electricity/Water and yard maintenance
13 Monthly rent charge for house is $625.00 due on the 1st
v of each month Mobile Home will be rented for 1yr
4 14. Renter information: (Head of household)
/ Name: Cristina Castaneda
Driver License: &X'?ob9o~7
SS#: H5S~XH-7O3Employed:0rp#
Phone Number: (Jsi) ffl - ? 7j z
15. Names of other persons that will be living in the house
Name: Jodie Rocha "Husband"

1. Leyna Castaneda
2. Alexa S. Castaneda
3. Zara E. Castaneda
4. Jodie Rocha JR>

Owner has the right to inspect the home when she/he feels
necessary with 24 hrs given notice. The first 6 months the owner has
the right to inspect the home one's the rent has been collected. A
deposit of $500.00 is required to move in the house unless other
arrangements have been made. If pets are in the house there will be
an additional $200 deposit that deposit will not be REFUNDABLE. If
rent is not collected on due date, a $10.00 daily charge will apply.
Deposit will not be returned if renter vacates the house prior to
contract expiration. This house will be renterfor 12-month
commitment. If you do not desire to renew a contract, a 30-day notice

/3L
 is required prior to expiration of the contract. Deposit will be returned
if house is in good condition and no damages have been made and
all bills are cleared. Failure to do so may result in eviction and legal
action.
Please Note: Ifthe Home is damaged beyond normal wear and tear,
and assessment of the repairs will be made the deposit will be used
for the repairs. Not responsible for items inside the house as a
result of fire or theft.
EVICTION NOTICE: Will be posted if rent is more than 10 days past
% due. I am not responsible for items left behind after vacates the
house. These items will be discarded after 30 days. The 30-day count
starts the day you no longer desire to renew your contract.

SIMPLE HOUSE RULES

PLEASE:
PQ NOT: Change any lock on the premises without written
permission.
DO NOT: Bring more people to live at the house other than
those listed on the contract. If this is planned, we need written notice
and a revision of the contract will need to be made.
DO NOT: Paint walls a different color than what they
originally are. If this is done, original color will need to be painter prior
to vacating the house.
DO NOT: Bring pets to live in the house. Pets are allowed
outside the house. *
REQUIREMENTS:
You are required to: Give a 30-day written notice to
landlord if you do not desire to renew contract. Failure to do this will
result in eviction, rent charges, legal charges and late fees.
You are required to: Notify landlord about broken faucets,
gauges, or water heater problems. We are Not Responsible for
broken items in or outside the trailer home. You will be
RESPONSIBLE to fix those damages.
You are required to: Keep property maintained (Grass
mowed and premises free of brush and debris) A $50.00 charge will
apply every time we have to hire someone to mow grass for you. This
service is not included in the contract.
FINE PRINT:
rst.

A 30-day written notice will be given to you if we decide not to renew
your lease. Rent for this house is due the. day of every month.
This house is renter on a month-to-month basis and 12 u-~ month
contract is required. If we decide to leave in the middle of the month
after rent remaining days. Deposit will not be returned if you vacate
the house prior to the expiration of a contract. We are not responsible
for fire or theft.

IHAVE READ AND AGREE TO THE ABOVE RULES.

Tenant Name (print)^v\sVi ^^ ^S-U^ tU Signature/^1^,_
Landlord Name (print) Do^e&e k/. 2u^q Signature: Q^^ jj, o -
Date: "

REFERENCES

Name: *>*-•• v. £UW^
Address: fc\ ftoW^ £W. WMltsTTV 78SO%30t7&.
.. JbU&J£-
>-
O i If Pass with comments, give details. final appr
C i

2.1 Kitchen Area Present
Is there a kitchen?

2.2 Electricity
Are there at least one working outlet and one work
ing, permanently installed light fixture?
2.3 Electrical Hazards
Is the kitchen free from electrical hazards?

2.4 Security
Are all windows and doors that are accessible from
the outside lockable?

2.5 Window Condition
Are all windows free of signs of deterioration or
missing or broken out panes?
2.6 Ceiling Condition
Is the ceiling sound and free from hazardous defects?

2.7 Wall Condition
.Are the walls sound and free from hazardous defects? /

2.8 Floor Condition
Is the floor sound and free from hazardous defects?
Vynal is torn as entering the kitchen. It seems lifted.

2.9 Lead-Based Paint
Are all painted surfaces free of deteriorated paint?
If no, does deteriorated surfaces exceed two square
feet and/or less than 10% of a component? 0 Not Applicable
2.10 Stove or Range with Oven
Is there a working oven, and a stove (or range) with
top burners that work?
If no oven and stove (or range) are present, is there'
a microwave oven and, if microwave is owner-sup
plied, do other tenants have microwaves instead of
an oven and stove (or range)?
2.11 Refrigerator
Is there a refrigerator that works and maintains a
temperature low enough so that food does not spoil
over a reasonable period of time? 1_
2.12 Sink
Is there a kitchen sink that works with hot and cold
running water? J__
2.13 Space for Storage, Preparation, and Serving
of Food
Is there space to store, prepare, and serve food? _^_
Additional Comments: (Give Item Number)(Use an additional page if necessary)

Comments continued on a separate page Yes No

Previous editions are obsolete Page 6 of 21 ref Handbook 7420.8 form HUD-5258(J-A (9/00)

Ifl
4. Supplemental for Other Rooms Used for Living and Halls For each numbered item, check one box only
4.1 Room Location Room Code
R'9nt right/left/center: the room is situated to the right, left, 1 = Bedroom or Any Other Room Used for Sleeping (regardless of
or center of the unit. type of room)
Center
front/rear/center: the room is situated to the back, front 2 = Dining Room or Dining Area
or center of the unit. 3 = Second Living Room, Family Room, Den, Playroom, TV Room
floor level: the floor level on which the room is 4 = Entrance Halls, Corridors, Halls, Staircases
located. 5 = Additional Bathroom (also check presence of sink trap and
clogged toilet)
6 = Other:
Decision
Item Description U3
If Fail, what repairs are necessary? i If Fail or
No. Z Q. Z = 3 If Inconclusive, give details. I Inconclusive
W5 U_
m
- > o
c ! approval
4.2 Electricity/Illumination
If Room Code is a 1, are t here at least two working
outlets or one working out let and one working,
permanently installed light fixture?
If Room Code is not a 1, is there a means of illumination?

4.3 Electrical Hazards
Is the room free from electrical hazards?

4.4 Security
Are all windows and doors that are accessible from
the outside lockable?

4.5 Window Condition
If Room Code is a 1, is there at least one window? _L
And, regardless of Room Code, are all windows
free of signs of severe deterioration or missing or — —
broken-out panes? — —
4.6 Ceiling Condition
.As youwain r. :o me ngnttop ofseelingneeds fre_n_oa;of paint and repaircornersealing Sealingis notexposed
Is the ceiling sound and free from hazardous defects?

4.7 Wall Condition
Are the walls sound and free from hazardous defects? —
4.8 Floor Condition
Is the floor sound and free from hazardous defects?

4.9 Lead-Based Paint
Are all painted surfaces free of deteriorated paint?
If no, does deteriorated surfaces exceed two square
feet and/ormore than 10% ofa component? :d Not Applicable

4.10 Smoke Detectors
Is there a working smoke detector on each level? • •
Do the smoke detectors meet the requirements of T
NFPA74? — —

In units occupied by the hearing impaired, is there an /
alarm system connected to the smoke detector?

Additional Comments: (Give Item Number)(Use an additional page if necessary)

Comments continued on a separate page Yes • No __

Previous editions are obsolete Page 11 of 21 ref Handbook 7420.8 form HUD-52580-A (9/00)

%t>
 CL-14-2814-B

DANNETTE ZUNIGA
VS
CRISTINA CASTANEDA

ORDER DENYING
DEFENDANT'S MOTION FOR A NEW TRIAL

On November 17, 2014, the court considered the Defendant's Motion for a New
Trial.

IT IS THEREFORE ORDERED that Defendant's Motion for New Trial be DENIED
based on the findings herein and in the interest ofjustice.

SIGNED ON:

CC:
^CRISTINA CASTANEDA, pro se
1405 Grouse Ave.
Donna, Texas 78537

DANNETTE ZUNIGA, prose
3729 Frio Ave.
McAllen, TX 78504

* 11
 ,3.7_> FtLtC
_ O'CLOCK.
SIT
SEP 0 5 2(M
CL-14-2814-B

Dannette Zuniga IN THE COLTMpf'COURg^^. CLERK
FKIDALGOCC.
__ DEPUTY

VS. COUNTY COURT AI LAW #2

Cristina Castaneda HIDALGO COUNTY, TEXAS

ORDER OF EVICTION

It is by order that Cristina Castaneda and any and all occupants vacate the property: 3709 Frio

Ave. McAllen, TX 78504 onSaturday September 6, 2014. Tenant Cristina Castaneda owe 3 months of rent,

June-August a total of $1250.00.

SIGNED this
_Sl day of

CC: CRISTINA CASTANEDA
3709 FRIO AVE.
McALLEN, TX 78504

13
 •£ %
-np-
_¥•• £301 Jasmine Avenue
i~w_/rtr?«^«y Pe-n-Mb*. Ja-.v^AcJti.^ _w_-, _s«_£^*' ivicAllen. Teas 78501

June 17. 201"

Cristina Castaifcdis

3709 Frio Ave

McAllen, TX 7850':

Mrs. Castaneda,

!.im sending you this letter in reference to the rent payment for the unit in which you live. Atthis time
im; McAllen ilousing Authority will Bemakingrental paymentfor the month of June/2034 for the unit
locatedat 3709f rioAve McAllen YX 78S04. This is to alsonoclfy you that your utility paymentwill be
made for the month ofJune/2014. Ifyou have anyfurther questions or concerns weask that you please
request it in writing.

Thank You

Aim;] Guerrero

Section 8 Case Worker

PHONfc' NO. (956) 6H6-395 i l-AX (955) 686-3i1_

l°\
 McAllen
IcAnen Housing Authority 2301 Jasmine Avenue
"7V«A^r*M_v^ F_w__r*, rf»_%j____ty ComtHMtUtUt" McAllen. Texas78501

Cristina Castaneda June 19,2014

3709 Frio Ave

McAllen, TX 78504

Mrs. Castaneda,

I am sending you this letter in reference to the monthly rent payment made towards the
unit located on 3709 Frio Ave McAllen Texas. It is the decision of The McAllen Housing
Authority to not make payment for the month of June/2014. This decision is based on
the outcome of your court hearing on 6/18/2014. Ifyou are in the process of an appeal
our decision is to continue to stop payment until we obtain the outcome of your next
hearing. Ifyou have any further concerns please request this in writing.

Thank You,

Alma Guerrero

Section 8 Case Worker

PHOMSNO (956)686-3951 FAX (956)688-3112
 Respectfully Submitted,

=£*__-.

CRISTINA CASTANEDA, pro se
1405 Grouse Ave. ;

Donna, Texas 78537

9565347942

ccastaneda0227@gmail.com

SUBSCRIBED AND SWORN TO BEFORE me on August 21, 2015

•
>g®\ ALYSSAJANELLE GONZALEZ '
Notary Public
%-iNto STATE OF TEXAS
-^_Sy My Comm. Exp. 01-27-2016
NOTARY PUBLIC for the State of Texas

CERTIFICATE OF SERVICE

I hereby certify that atrue and correct copy ofthe Appellant briefhas been mailed
to Dannette Zuniga, 3729 Frio Ave. McAllen, Texas
78504 via U.S. mail this 21st ofAugust

J_-
CRISTINA CASTANEDA, pro se
 U.S. POSTAGE
PAID
WESLACO.TX
78596
AUG 21, 15
AMOUNT

.

W?Mik®M.

RECEIVED
AUG ' •'' <
i^TH COURT OF APPEALS;

'-'•;••?•:

5 ^loor
" V"
oo £. Cc -
£MW:§ x:" • i

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