Legal Question in Landlord & Tenant Law in Texas
Eviction procedure
I lost my job last month due to downsizing. My unemployment check will not arrive until 11-12. My rent was due on 11-3. My landlord put a handwritten note on my door today telling me I had three days to vacate the premises.
I also have viral pneumonia. I an not able to look for another place to live much less pack and move.
Can I be evicted in three days or does it involve a court proceeding?
1 Answer from Attorneys
Re: Eviction procedure
No, you cannot be evicted in three days. If you don't leave, the landlord must file an eviction suit in the Justice of the Peace court. You will be served with papers which will give your court date. The court date will be fairly quick: 7-10 days. BUT, there is no legal defense to nonpayment of rent. So, unless the landlord agrees to let you stay, you will lose, even if you have the rent by then. The default was not paying rent on time.
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