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FamilyAttorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 918
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I have an eviction issue in texas, can you answer my

Customer Question

I have an eviction issue in texas, can you answer my question
JA: Has any paperwork been filed?
Customer: Yes. I sent the landlord the outstanding rent via fedex today. When I got home the writ was posted on the door. Can the writ be vacated? If so, by who?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 4 months ago.

Hello. I’m a family lawyer, former trial lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues and other legal issues. I look forward to helping you today.

At the end of our discussion I’m going to ask you to rate me, okay? I’d appreciate it because this is the only way we get credit for our time here today. It is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney. The attorney herein is licensed in NY only.

If I’m back not here right away, I’m typing my answer. Thanks!

Expert:  FamilyAttorney replied 4 months ago.

It is up to the landlord if he will take the rent or not and if he will back off from an eviction suit. It's his decision and his decision alone.

Try to talk to your landlord about the vacate notice, either to understand what happened or to see if you can get more time to fix the situation. You may want to ask the landlord to hold off on filing an eviction lawsuit in return for your fixing the lease violation. For example, you may be able to stop the landlord from filing an eviction suit by paying rent that you might owe. Sometimes this stops evictions -- sometimes it does not. It really depends on the landlord and your relationship with him/her.

If you can get your landlord to agree to hold off on an eviction while you make payments on the rent you owe then it is best to put an agreement you reach in writing and have both you and the landlord sign it.

Expert:  FamilyAttorney replied 4 months ago.

I'm attaching a copy of an agreement that you can sign with your landlord to get him to stop the eviction.

You don't have to use this one, but it's a sample of what you can do. You do want to see if you can get the landlord to agree to work out any schedule for unpaid rent and to get him to hold off on the eviction.

The landlord does not necessarily have to take your rent, but if he's smart he will. If he does not, when you get into court you need to tell the judge you sent in the money -- whether it was for the full amount or a partial amount -- and one of the defenses to an eviction is that the landlord didn't give you enough time to fix the problem, which is to pay the back rent.

Have I answered your question?

Expert:  FamilyAttorney replied 4 months ago.

Let me know if you need names of landlord-tenant attorneys in your area. I'd be happy to find them for you.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me. If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you!

You are also welcome to come back to this room free of charge to ask me a follow-up to this question at any time. Be well and thank you for letting me help you tonight.

Expert:  FamilyAttorney replied 4 months ago.

If you need names of lawyers, I just need the name of the town/city you are in, or even better, a big city near you. Thanks! I want to help you so just know you can ask me about where to find a lawyer at any time.

Expert:  FamilyAttorney replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.


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