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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53952
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My mom, (85) just received an eviction notice. Lived there

Customer Question

My mom, (85) just received an eviction notice. Lived there for 44 years. Has till end of july to vacate. Has she any protections/rights to have more time to find a place to live?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Richard replied 5 months ago.

Hi Glen. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 5 months ago.

She should just stay where she is until she finds a place to move. Then, if she simply doesn't leave come the end of July, the law does not allow the landlord to forcibly evict your mom without obtaining an eviction order from a court. What that means is that if termination date comes and she does not move out, the landlord cannot simply change the locks or throw your mother's things out. Rather, what the landlord would then have to do is to first deliver a 3-Day Notice to quit...which basically says she has 3 days to leave or face eviction. But, if she still doesn't leave, the landlord would then have to file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. At that hearing, you could then contest the termination based upon it being based on illegal age discrimination. Only if and when a judge has issued the eviction order can the landlord have your mother evicted.

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