Can we be evicted within a week of my roommate’s due date?
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Can we be evicted within a week of my roommate’s due date?
We are getting evicted from our apartment for violations of the lease, which by the way, they have no proof. What I am worried about is my roommate is giving birth to her baby the same month we have been ordered to leave the apartment. Is this fair? If not, what should we do? We have until the end of last month to leave her baby is due the week before. Also, only one name is on the eviction notice but the landlady is claiming that we all have to get out.
Asked on August 22, 2011 Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
To begin with, "fair" is not a consideration. IF you have actually violated the lease, the landlord may well be entitled to evict you under the law. (Much depends on the violation: unpaid rent allows eviction unless you pay what you owe prior to eviction; attacking or threatening the landlord or his staff, or delibarately damaging his property, allows eviction without a chance to correct the problem; but violations of certain terms, like no pets or no disorderly conduct, require that you first get a chance to correct the issue before you could be evicted).
You should consult with an attorney with landlord-tenant experience; if you can't afford one, try contactinig legal services. He or she may be able to find a way you can fight the eviction, including, for example, for improper notice. Good luck.
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