Legal Question in Real Estate Law in Texas
Can I be locked out of my apartment?
I am moving out of the apartments I am staying in right now. I let them know today. My parents are unable to work, and I can not make the payment by myself. We have been asking to be moved to a downstairs apartment because my father is disabled and cannot get up and down the stairs. The owner did not even want my dad using his cane on the sidewalk. They are wanting to charge us another deposit and first months rent to move us. I have not yet recieved a eveiction notice, and I am trying to get out of here within the next three days, but I am still trying to find a place for my parents. If I have not moved out all the way in three days, can the manager ask whoever is in the apartment at the time to leave, and then lock our things up? What should I do? Thank you for your time.
2 Answers from Attorneys
Re: Can I be locked out of my apartment?
Landlord and tenant rules and laws have a couple of places you should look. First, read your contract carefully. Second, go to my website and go to the links page. Then go to the Texas statutes and look in the property code. Landlord and tenant laws are listed in that place. You might also check out the civil litigation page and review the sites from the justices of the peace.
http://www.reasonable-doubt.com
Re: Can I be locked out of my apartment?
After the 3-day notice, your landlord must then apply to the small claims court to evict you if you have not moved out. You will then receive a summons from the court which will ask you to appear in a couple of weeks. If you don't show up your landlord will receive a default judgment and authorization to proceed with the formal eviction. You can go to www.tenant.net to review the Texas Tenant's advisor for more information.
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