Legal Question in Landlord & Tenant Law in Texas

Re: Eviction without cause

If you moved out of the apartment after receiving a three day notice to vacate, you were not evicted, you broke the lease. You are not evicted until a judge says you are evicted. If you had not moved out following receipt of the notice, the apartment complex would have been required to file an eviction suit in justice court against you, you would have been served with the papers and informed of the court date. You could have appeared at the court date and defended against the eviction. If you lost, then you can say you were evicted, however, even then you could have appealed the decision to county court for a trial de novo. Your liability for breaking a lease, under most leases I have seen, is a re-letting fee and the rent until the apartment is re-let. Under Texas law, the apartments are required to make a diligent effort to re-let the apartment and cannot just charge you for the remaining term of the lease. I would check to see if the apartment was re-let and when the apartment was re-let. I would NEVER deal with a collection agency. Do not talk to them. Do not send them money. Send them a cease and desist letter and tell them you do not want to deal with them, that pursuant to the Fair Debt Collection Practices Act you prefer to deal with the original creditor. Send a copy of the that letter to the apartment complex and then try to negotiate with the apartment complex. Make sure that part of the agreement includes, and that it is in writing, that the matter will be removed from your credit report.