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    bullwoosy's Avatar
    bullwoosy Posts: 1, Reputation: 1
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    #1

    Oct 31, 2008, 10:26 AM
    If I owe landlord money other than rent, can I be evicted?
    When I moved into my home in tx, I signed a 6 month lease. The electric was already on in the home under my landlords name, It took us right at a month to get it transferred over. In that month the bill was $700, I try to make some kind of arrangements with the electric company, but since it was in his name they said talk to the landlord. He chose to pay it in full, and told me not to worry about it just make sure I pay the fees to get it in my name and we would work out something later. Two months later I was $125 short on rent, the next month he accepted my $325 short rent payment, One week ago I got an eviction notice out of the blue, telling me to pay $1150 by the 31st or get out. I let him know I could not pay the whole thing but I would pay the $450 for rent, he said pay it all up!! Can he evict me for the electric bill payment? If so is one week sufficient time to do that?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 31, 2008, 12:15 PM
    The process goes like this. He serves you wilt a pay or quit notice giving you 3-10 days to pay in full or vacate. If you do not vacate within that time, then he has to file for an eviction order in housing court. You can appear at the hearing and argue that you only owe $450. If the judge sides with you, you get to stay, otherwise an eviction order is issued. You then have to vacate according to the time limit set in the order or you will be put out.

    Next time you move in to a home, take a meter reading if you are responsible for utilities.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Oct 31, 2008, 02:20 PM
    I agree with Scott.

    It sounds like the dollar amount may not hold up, but Texas law is pretty clear that if you're even $1 behind on rent you can be evicted. There's an eviction for non-payment of rent, and then there's an eviction for other lease violations. If he filed for non-payment of rent, and your rent is 100% completely caught up you'll likely be able to get it thrown out. Then he's likely to go re-file for the appropriate type of eviction. (I couldn't tell from your post if you're still behind SOME rent, of it it's JUST the electric bill now.)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 31, 2008, 03:30 PM
    Quote Originally Posted by rockinmommy View Post
    I agree with Scott.
    What's the Pay or vacate time frame for TX?
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #5

    Oct 31, 2008, 07:47 PM
    Quote Originally Posted by ScottGem View Post
    What's the Pay or vacate time frame for TX?
    Three days, unless the lease specifies otherwise.

    Which mine does. I use the TAA (Texas Apartment Association)lease, so it's only 24 hours.
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