Legal Question in Landlord & Tenant Law in Texas
Tenants rights
My landlord is going to evict me. What legal process does she have to go thru to evict? I have a lease and she tells me she can have me put on the street in 2 days. Can she do that? If she has to file with the courts don't I legally have more time than that? I don't have the resources to move in 2 days and I need to know my rights.
2 Answers from Attorneys
Re: Tenants rights
First, you must have broken the lease. If that is so, landlord must give you a written notice to vacate. The general rule is a 3 day notice unless your lease has a different time period. If you do not move out during that time ( and landlord cannot make you), landlord must file an eviction suit in the Justice Court, you will be served with the papers which will tell you when your court date is. Even if you lose at court, you still have five days to move out or to file an appeal to county court.
Re: Tenants rights
A notice to tenants to quit the premises usually gives 3 days to do so to avoid legal proceedings. She has to file a forcible detainer action in a justice court and wait to have a hearing. The judge will hear the case and then tell you when you have to be out. This usually takes a couple of weeks to a month.
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