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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I am going to court tomorrow eviction hearing. I am the

Customer Question

I am going to court tomorrow for a eviction hearing. I am the tenant. If I loose, how long will I have to vacate?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

It depends on the backlog with your County Sheriff's department and their civil division (they are the ones that will be doing the forcible eviction following the judgment of possession).

If you lose your case and agree to move out in a short period of time (say 1-5 days) the landlord may agree to hold off on placing the writ with the Sheriff's department and you will avoid that threat.

If you lose your case and are unable to reach an agreement with the Landlord, they will take a writ from the court clerk to the Sheriff, and the sheriff will usually (not always) give you a short warning (3 days usually) and then return and forcibly evict you (where the sheriff oversees moving laborers hired by the landlord that take all of your belongings and place them on the curb - any risk of loss due to theft or weather while your belongings are on the curb are on you not the landlord or the sheriff!).

Given the time of year (Christmas and New Years), you may be able to get a couple of weeks - but don't count on it (I would figure about 10 days).

Expert:  CalAttorney2 replied 1 year ago.

If you are in need of immediate housing assistance - contact your County Department of Housing. They can help you with emergency shelter, and place you on the short list for available low income housing.

Customer: replied 1 year ago.
The document I received is a eviction citation hearing to answer the complaint. I understand that there is another document "forcible retainer" that has to be filed. Additionally, I didn't receive a notice to vacate.
Expert:  CalAttorney2 replied 1 year ago.

If you didn't receive notice - you would have wanted to have filed your answer stating that (If you didn't make sure you argue this tomorrow!!!).

This is a basis to dismiss the current Forcible Detainer and Eviction action, and force the landlord to start all over (starting with proper notice). It won't make the matter disappear, but it will certainly give you more time!

Here is one of the most comprehensive sites to assist you in preparing your defense for an eviction proceeding in Texas: http://texastenant.org/eviction.html, I highly recommend reviewing it in detail.

Customer: replied 1 year ago.
I'm still not clear on whether I have time to move?
Expert:  CalAttorney2 replied 1 year ago.

First things first - show up in court today! (if your landlord didn't give you proper notice, you can defeat their current "forcible detainer and eviction action" and force them to start all over again - this gives you a lot more time).

Even if you lose for some reason, you are going to have a week or more before the sheriff shows up. Given the Christmas holiday, followed by New Years, you might have more time.

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