Legal Question in Landlord & Tenant Law in Texas

Eviction without cause?

I have lived in my house for 6 months and have a 1-year lease. On the first of this month my landlord came by, as usual, to pick up rent. We had been experiencing some trouble with the house that we had let her know about several times. Our heater wasn't working, there was a termite problem causing safety issues in the kitchen, etc. I let her know that I had spoken with a code compliance office and that they were sending out an inspector if these problems continued. She got angry and starting calling me names, racial slurs and more. She told me that I had illegally let my brother live there (he was there doing laundry and had never spent more than 3 hours in the home). She then told me we had 30 days to move out because she was letting her mortgage default to the bank. I asked her to let me know in writing because we have a lease and she then made several threats. I had several witnesses to this. I filed a police report and a few days later I received a Notice To Vacate Premises. What can I do? It says I must move or else she may ''file suit against me and seek redress as the law directs.'' What does this mean? What happens to my security deposit? Do I have any legal recourse?


Asked on 11/04/03, 3:30 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Eviction without cause?

Yes. You can file for up to $5,000 in damages in small claims court which should cover your moving expenses, etc. However, if you win the judgment, there is no guaranty that she will pay the judgment. She sounds like she is a few cards short of a full deck so it would probably be much less stressful for you to move out and move on.

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Answered on 11/04/03, 5:00 pm


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