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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37855
Experience:  Attorney over 16 years, landlord 26 years
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My sister in law had her rent check bounce this month and

Customer Question

my sister in law had her rent check bounce this month and the landlord has posted an eviction notice that states they had to pay the rent by yesterday, or else had to be out of the house in 3 days? Is this correct, as she's new to TX and has 2 small children, the landlord is not willing to work with her at all, and has been quite a bully and is threatenening her with pressing charges on her for bouncing a check. She really has no clue what to do, she's in the process of getting a new job, and the landlord is even saying she'll go to them to make sure she doesn't get a job. Any advice to what to do would be greatly appreciated!
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Its in The Woodlands, TX
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: it was for 1 year, and no maintencance or up keep
JA: Anything else you want the lawyer to know before I connect you?
Customer: no any help would be great thank you!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If she was unable to make the check good within that 3 day notice period, then the landlord can then file a formal eviction action against her to evict her through the courts.

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But that doesn't mean that she has to vacate after that 3 days. The landlord has to go through the courts to get a judgment and a writ that the sheriff would execute to physically force her to leave. In TX, that will take an additional 3-4 weeks after the 3 day notice expires, depending on the court's and sheriff's schedules.

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So she doesn't have to worry about being put out of the dwelling immediately. And if she is able to get the money together to pay off the landlord for the rent and any court costs, in most cases the landlord will accept it because he just wants his money...

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thanks

Barrister

Customer: replied 1 year ago.
on the form that was posted on the door it just says 3 days, so it has no time or anything, so does she just wait it out for the 3 weeks?
Expert:  barristerinky replied 1 year ago.

Well, if she can't pay the rent within that 3 days, then it is up to the landlord to file an eviction action. But he can't force her to leave until he has the sheriff show up 3-4 weeks later.

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She can always vacate earlier, but the landlord just can't force her to leave earlier..

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thanks

Barrister