Can my landlord evict us within 2 days without any written notice?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my landlord evict us within 2 days without any written notice?

I’m on worker’s compensation and currently disabled. I am 27 days late on 1 month’s rent and my landlord wants to evict us tomorrow, without any written notice, by force and with the help of some of his police friends. The landlord was notified when I began my worker’s compensation in case of possible late rent payment(s) and knows that I sadly have 1 income at the moment. I have thankfully come up with the owed rent and notified the landlord but it seems as if the landlord still wants to wrongfully evict us. Our landlord verbally notified us yesterday; that is only 2 days verbal notice. If I do have to go, am I still entitled to my deposit if I followed the guidelines within the lease?

Asked on February 18, 2012 under Real Estate Law, Texas

Answers:

Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 12 years ago | Contributor

Your landlord cannot legally evict you that way.  He must first provide written demand for possession of the property and then file a dispossessory action in magistrate court, which would be entitled to respond to and defend.  Whether you have the right to your deposits depends on the specific facts and terms in your lease.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The landlord is playing dirty here and I would either call an attorney or find a tenant's rights organization in your are as soon as you can.  No, two days verbal notice probably does not comply with the eviction law.  It is generally three days written notice.  And then if you do not move out he must start an eviction action.  H does not have to accept the rent if he wants you out.  But if you do what I say and have it legally established that you are disabled then it will be much more difficult for him to get you out.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption