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I have an eviction notice. 3333 weslayan street, Houston TX…

Customer Question
I have an eviction...

I have an eviction notice

Lawyer's Assistant: Where is the property located?

Customer:***** Houston TX 77027

Lawyer's Assistant: Has any paperwork been filed?

Yes I received the notice to vacate today. to vacate by tomorrow

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 minute by:
10/5/2017
Real Estate Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,296
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Does the eviction notice state the reason for the eviction (e.g. non-payment of rent, breach of lease)?

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Customer reply replied 8 months ago
breach of lease
Customer reply replied 8 months ago
It says:Recently the Owner's management personnel received a complaint from one of the contractors serving the Community (specially, the garbage collection service) that you had recently engaged in actions directed towards this company of a belligerent, threatening and (at times) profane manner
Customer reply replied 8 months ago
There has been a garbage truck coming around 5 a.m. every morning making loud noise and impossible to sleep. They say that I have threatened based on no supported arguments. I have talked to many people on my floor and they all say that they hear it every morning too
Customer reply replied 8 months ago
I always identified myself as a resident at the apartment and no apartment number or name, but they allege that it was me making several threatening phone calls.
Real Estate Lawyer: Roy Hadavi,
 replied 8 months ago

Thank you for that additional information.

This type of Notice to Vacate requires three-days notice. The three-day time period begins on the date the notice is posted or given to the tenant, and weekends and holidays are included in this time frame. Even if the tenant fixes the lease violation, such as getting rid of a pet when pets are not allowed in the rental unit, the landlord can still proceed with the eviction lawsuit in Texas.

However, in order to legally evict you, if you refuse to move out, the landlord will have to file an unlawful detainer suit. At the lawsuit the landlord must provide proof of the breach of lease, in order to prevail in this type of eviction.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 8 months ago
I already know that I need 3 days notice. I am asking if they have an actual case to sue me
Real Estate Lawyer: Roy Hadavi,
 replied 8 months ago

Apologies that I misunderstood your question.

Whether they will sue is a question mark, because they may sue you even if their claim has no merit. Whether they will prevail in their suit will depend on whether they have evidence to support their basis for the eviction.

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Customer reply replied 8 months ago
If you call a garbage company, do they have the right to track your phone number? and is that phone number good enough to clearly identify me as the offender? Because I have never given my name or address over the phone
Customer reply replied 8 months ago
Also I called them 2 days ago, but the apartment complex waited until I paid my rent yesterday to evict me. Can I get my rent back since I am only staying for 3 days of the month?
Real Estate Lawyer: Roy Hadavi,
 replied 8 months ago

The garbage company may have caller ID in order to identify you and they may record their conversations as well.

You cannot get the rent back. Since the eviction is based on a breach of lease, you are still legally liable for the remainder of the term of the lease. The only caveat to this is that the landlord is obligated to find a replacement tenant as quickly as possible. For example: if you have 6 months remaining no your lease and it takes the landlord 2 months to find a replacement tenant, you would owe the landlord the 2 months of rent.

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