A Collin County family says they reached an agreement with their luxury highrise and will not be evicted after receiving an eviction notice for accessing the swimming pool over the weekend.
Holly Heidemanns said she and her husband Mattais and the couple’s 10-year-old son decided to visit the pool at Skyhouse Frisco Station on Sunday.
“I just wanted a nice Mother’s Day with a little bit of sunshine and social distancing and for my son to get outside,” Heidemanns said.
Heidemanns said when Gov. Greg Abbott allowed pools to reopen on May 8 at 25% capacity, she was ready to visit the pool at the top of the 25-story highrise.
“There were no signs posted saying that we couldn’t go in, the door was unlocked,” Heidemanns said.
She said after being at the pool for about an hour, an employee did ask them to leave, which she said they did.
On Monday, the Heidemanns added their signatures to a letter from a group of tenants demanding Skyhouse to reopen amenities — specifically the pool.
“These issues continue to impact our overall emotional health, overall wellness, and enjoyment of our residential space,” the letter reads.
The next day, an attorney with the Dallas-based law firm representing Skyhouse delivered a notice to vacate, saying the couple violated their lease by allegedly breaking into the pool area.
“Your recent behavior, which was captured on video, is a violation of your lease, the governor’s orders and City of Frisco regulations,” the letter reads.
Matthias Heidemanns disputes that claim and says the door leading to the pool was open on Sunday when they entered.
“There are no signs at the door and the pool was not covered, no banners, we just used it,” Heidemanns said. “Even at the pool, we had social distancing with the other residents.”
The Texas Supreme Court suspended all eviction proceedings until at least May 18, and said any non-essential hearings should not be conducted in-person no earlier than June 1, unless it involves an "imminent threat."
On Wednesday, Skyhouse Frisco Station told WFAA in a statement the family placed other tenants and employees in danger by accessing the pool.
“The Texas Supreme Court’s order specifically allows evictions when the actions of the tenant 'pose an imminent threat.' The pool in question was closed and could not be legally reopened without the annual safety inspection required by the City of Frisco,” the statement reads.
SkyHouse management added a flyer was distributed to all tenants in mid-March that all amenities were closed.
"Residents were notified the pool was closed and were never notified that it had been reopened," the statement reads.
The Heidemanns hired an attorney to try and fight the notice to vacate and avoid leaving by Friday.
"We wanted to call this our home," Matthias Heidemanns said.
Friday night, the Heidemanns family told WFAA they reached an amicable agreement with SkyHouse Frisco Station and will not be evicted.