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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16112
Experience:  Licensed General Practice Attorney, Texas
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I have a deadline sept.15th that entails the 30 day contractual

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I have a deadline sept.15th that entails the 30 day contractual move out timeline but I can't get into my house until the 20th...They won't deal and said they will call the cops...I have no place to go and I have two kids and two dogs...Can I stay without being thrown to the street for 5-days and give them the rent like I have for 30 days?

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

The police can't put you out on the street without an order of eviction.

ScottyMacESQ :

Basically they would have to give you notice to vacate, and if you stay past the notice date, they would have to go to court to evict you.

ScottyMacESQ :

They would have to file for eviction, serve you with notice of that lawsuit, give you time to respond (generally about 10 days), and then get a judgment.

ScottyMacESQ :

After a period of time, that judgment becomes final, and they can get a writ of execution, at which time they could take that to the sheriff to forcibly remove you from the premises.

ScottyMacESQ :

But until that time, they can't get the police to remove you.

ScottyMacESQ :

And they also can't engage in "self help" eviction, meaning that if they try to change your locks or remove your stuff, GET A LAWYER and sue them, as that's illegal.

ScottyMacESQ :

In short, the earliest that they could actually get you out of the property legally would be at least 2 weeks (and that's assuming a lightning fast eviction process).

ScottyMacESQ :

It's more likely a month, and that means that they probably wouldn't even file if you only needed 5 days.

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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