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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33703
Experience:  Attorney for over 15 years, landlord 26 years
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I gave a tenant a 30 day notice to evict apartment due to many

Customer Question

I gave a tenant a 30 day notice to evict apartment due to many problems she has cause with other tenants and I ask her to remove vegetable plants, table, electrical wire she ran across the apartment across hers. Her 30 days were up on May 5,2016
After 30 days she wanted to give me rent money which was due May 1,2016 I didn't accept because I wanted her out and she refuses to remove what I asked to be removed.
I filed eviction after and she told me she went to Legal Aid and her attorney was going to ask for moving expenses.
Court date is May 24, 2016 and I know that after 6 or 7 days after that I can get a writ of possession, which she can appeal.
What
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Can you tell me what state this is in?.I think your question was cut off as I don't see a legal question, just the word "What"....If you can post your legal question, I will try and help.....thanksBarrister
Customer: replied 6 months ago.
Texas and what is the process or what do I have to do if she appeals. I know appeals take a long time meanwhile does she get to do what she wants and ignore my requests and live rent free. Can I remove items I asked to be removed. She also has cameras installed outside the apartment can I remove those without getting in trouble?
Expert:  barristerinky replied 6 months ago.
If she appeals, then basically the case is heard again in the higher court at a later date. She has to file an appeal within 5 days of the original ruling. But she doesn't get to live there free, she has to post a bond that is usually equal to 2-3 times the monthly rent that is owed or would become due during the pendency of the appeal..If she appeals with an "Affidavit of Inability to Pay", she must pay one month’s rent to the Justice Court within five days of filing the Affidavit. Then she has to pay rent every month to the county clerk until the appeal is decided. Tenant has to pay within 5 days of the date it’s due under the lease or you can get a Writ of Possession to have her removed..And no, until you actually get a judgment against her and have the writ executed by the sheriff to remove her, you can't take any action with regard to her personal property or you could get yourself sued...As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister
Customer: replied 6 months ago.
If she does file and Affidavit of Inability to Pay, whatever money she pays to the court does this money go to the court or if my case wins does it go toward rent owed. I was told by a previous tenant that the money goes to the court regardless. Do you have an idea how long this process would take and do I have to hire an attorney?
Expert:  barristerinky replied 6 months ago.
whatever money she pays to the court does this money go to the court or if my case wins does it go toward rent owed.It goes to you to pay rent. The tenant doesn't just get to live free and the court wants them to put up money for rent to prove that this isn't just a delay tactic to try to live for free...Do you have an idea how long this process would take and do I have to hire an attorney? .Typically it will take 3-4 weeks and you don't need an attorney as it is just basically a repeat of the first case....thanksBarrister. .
Customer: replied 6 months ago.
Can her attorney make me pay for her moving expenses, that's the impression she gave that he was getting paper work done, for that. I talked with an attorney before I joining this site (JustAnswer.com) and I was told that I should typically give 30 day notice on the date her rent was due is this correct? Her monthly lease started Feb. 28, 2015 and on June 1, 2015 she moved due date to the 1st of every month by paying days for May 28 thru Jun 1, 2016 and June 1st rent. She also send a text on my phone on May 10, 2015 that she was giving me 30 day notice next month so move out date will be July 1st can she do not? Not sure what she is trying to prove?
Expert:  barristerinky replied 6 months ago.
Can her attorney make me pay for her moving expenses, t.No, as long as you have properly terminated her tenancy, she is on her own with regard to moving elsewhere..and I was told that I should typically give 30 day notice on the date her rent was due is this correct?.Typically yes, but you don't have to.. This is what the law says:.TX Property CodeSec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or(2) one month after the day on which the notice is given..And she has no legal right to "move" the rental due date unless you agree to do so.. If you didn't agree, then her due date for rent is the same as it has always been.,It sounds like she is simply trying to scare and confuse you so just press on and get the appeal over and in your favor so you can throw her out....If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister

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