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What is the legal process for eviction in texas. I am a

Customer Question
What is the legal...

What is the legal process for eviction in texas. I am a tenant without a written lease.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

No I can't afford a lawyer

Lawyer's Assistant: What steps have you taken so far?

My husband and I live with my mother in law - we had a verbal agreement to share expenses and help each other financially. there was an argument between my mother in law and my husband - the next day she posted a 14 day notice to vacate on the front door. I have verified that she has not done anything in the courts. what are my options? I am willing to move - can not do so in 14 days - children in school, rental application process, locating a place for my family???

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am worried about this developing into a bigger issue and it having an impact on my credit record and preventing me from renting

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 9 minutes by:
3/22/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation. The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; if you are a month to month tenant (which is what you would default to) then they must provide you 30 days notice before you can be evicted under Tex. Prop. Code Ann. § 91.001.

In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

The main thing to remember is that there exist various reason why a landlord’s eviction notice may not be effective. Because landlords are people, they are sometimes not thinking their way through the situation and that gives you an opportunity to help them understand their legal position. What I recommend is sending them a letter detailing the reasons why the eviction notice is unlawful. There’s a site that I’ve used in the past where you can find a good template for a letter that puts the landlord on notice that their eviction notice is unlawful (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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