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Abelardo Arias
Abelardo Arias,
Category: Real Estate Law
Satisfied Customers: 7
Experience:  Lawyer & Law Firm Owner at Arias Law Offices
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My question is in reference to an eviction. I was served an

Customer Question

My name is ***** ***** my question is in reference to an eviction.
JA: Thanks. Can you give me any more details about your issue?
Customer: I was served an eviction citation with no warning no previous notice to vacate.
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Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Abelardo Arias replied 11 months ago.

Hi Billijean. What State are you in? Did the eviction notice give any indication of what court or when the court issued an order?

Customer: replied 11 months ago.
I'm in Texas and the court date has been set for the 3rd of March.
Customer: replied 11 months ago.
I wasn't given any notice that they wanted me gone, the landlord is a bully and I lived here 4months through the winter without a water heater and now no electricity on one side of the trailer.
Customer: replied 11 months ago.
I forgot to mention we never signed s lease but the eviction order days breach of contract, I have text msg where I have repeatedly asked for a lease and receipts
Expert:  Abelardo Arias replied 11 months ago.

Unfortunately it sounds like you are in a month-to-month rental situation because no lease was signed prior to your moving in. In a month-to-month the landlord can issue a legal notice to quit. However, you do have your day in court. I recommend that you go to court on March 3rd and explain your situation to the Judge. Likewise, talk to the landlord or their attorney for enough time for you to find another place. If they will not work with you then ask the court for sufficient time. You can also find out if there is a reason why the landlord wants you out (for example, nonpayment of rent, creating disturbances, etcetera). If you can work out your differences then ask for a lease. If you can't then your best bet is to ask for more time so you are no evicted as soon as the landlord wants.

I hope this helps. If you need a clarification let me know.

[Disclaimer: this response does not establish a lawyer-client relationship or legal advice under law.]

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