What happens when the landlord doesn’t show up for court on aneviction?

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What happens when the landlord doesn’t show up for court on aneviction?

What am I obligated to pay and where do the late fees stop?

Asked on January 30, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is an eviction action against you by the landlord where you show up in court and the landlord or his/her attorney fails to appear for the trial, the court typically dismisses the lawsuit of the landlord.

Albeit, the landlord can usually refile the lawsuit if not barred by the applicable statute of limitations.

If the lawsuit is dismissed due to the "no show" of the landlord, you are under no obligation at that time to pay anything. Assuming your lease has a late fee provision within it, and your are in possession of the rental, the late fees will continue to accrue for each month you are in possession of the rental where you are late in making your rent payments.


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