Legal Question in Civil Litigation in Texas
False Eviction
My husband I recently received a 3 day notice to vacate our apartment. Prior to this we received 1 letter by mail informing us that we received complaints for running and jumping (we have two young children). My husband went and spoke to the office and agreed to try to cut down the noise level. However, the two letters are all that we received regarding the noise(there were no other letters, phone calls, etc.) In order to avoid eviction we agreed to move into an apartment on the 1st floor, yet we are going to have to pay for the move, pay tranfer fees for changing our utilities, and accept living in a smaller apartment. I find it illogical that they would allow someone to remain on the property after they sent them an eviction notice. We are simply concerned about our name and credit. We did not think that the noise we would make in our apartment (children playing) would be such an issue. Is the complex required to notify you when the behavior occurs - we are not even sure what was making the noise because we were never told when it happened. We only received 1 letter that never said anything about eviction- then, the next thing we know we were told to move out. Is this legal?
1 Answer from Attorneys
Re: False Eviction
The 3-day notice to vacate is a legal prerequisite before filing for eviction. Talk to your landlord about moving to the ground floor so that the youngsters don't irritate others. If that's what the apartment complex wants, and you fail to do so, then they'll proceed with formal eviction under a breach of lease theory.