Renter claims wrongful eviction in suit against home owner

Kelly Holleran Oct. 24, 2011, 11:23am

A Beaumont man has filed suit against the former and present owners of his rental property, alleging they are attempting to wrongfully evict him from the premises.

Terry Brunston claims he began living at 4337 Ogden Ave. in Beaumont in 1998. The property's former owner, defendant Todd Barnes, agreed to sell Brunston the property after he had reached a certain amount of monthly rental payments, according to the complaint filed Oct. 7 in Jefferson County District Court.

In the complaint, Brunston states he was shocked to learn that Barnes deeded the property to co-defendant Brian Roberts Sr., who attempted to evict Brunston from the premises.

"Defendant Roberts purchased the home knowing Plaintiff resided there and had a duty to inquire whether Plaintiff had any ownership rights in the property," the complaint says.

Brunston alleges breach of contract against Barnes.

He is seeking injunctive relief prohibiting Roberts from evicting him from the rental property.

"Unless restrained from doing so, Defendant Roberts will force Plaintiff from his home requiring him to remove all of his personal possessions and relocate his wife and children," the suit states.

Brunston is also seeking a temporary, and eventually permanent, injunction prosecuting any eviction actions against him. He also seeks a judgment declaring him the rightful owner of the property and the deed to Roberts void.

In addition, Brunston is seeking actual, punitive and treble damages, plus pre- and post-judgment interest at the maximum rate allowed by law, attorney's fees, costs and other relief the court deems just.

He will be represented by Kevin M. Fuller of Henry and Fuller in Beaumont.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E191-132

More News