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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53961
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Landlord is saying we voided our lease by purchasing a pet,

Customer Question

landlord is saying we voided our lease by purchasing a pet, even though lease states we may have a pet with prior notice to landlord, which we did. we also paid the pet deposit of $150 (as stated in lease) and an increase in rent for $15 per month,(which is not stated in lease). landlord is now stating her attorney is doing new lease which she wants us sign withing 3 days of receipt or move out. what rights do we have?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

The landlord does not get to simply make up the law to suit the landlor'd purposes. He can't unilaterally determine you are in breach and then force you out. The law does not allow a landlord to take any action to evict you without following the legal process. What that means is that if you don't leave within the 3 days, the landlord must file a petition with the court to prove that you are in default and that he therefore has the right to terminate your lease. It will take 2 weeks to a couple months generally for the landlord to even get this hearing. You'll get a notice of this and should attend. Based on your facts, the landlord will not be able to prove a default and the petition will be dismissed.

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