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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37386
Experience:  16 years real estate, Realtor. Landlord 26 years
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Have been served eviction court papers - have paid past rent

Customer Question

have been served eviction court papers - have paid past rent and they haven't cashed it. should I obtain an attorney?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, besides I have a court date on 12/9 and I am worried
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months 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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Were you late on the rent when it was paid or was it paid on time?

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If you were late, and the landlord gave you a 3 day notice, did you pay within that 3 days?

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thanks

Barrister

Customer: replied 8 months ago.
I was late. And received an email notice
Expert:  Barrister replied 8 months ago.

Ok, email doesn't count in court for a proper notice unless you have agreed to accept notices that way.

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So if you paid the rent already, and they are just holding it, then if they file to evict, you can defend the action as improper because they have never given you a written paper notice to pay rent or vacate as required under the law. Since you paid your rent before any notice expired (since there was no legal notice), then the eviction case is improper and should be dismissed.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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