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View Full Version : Threatened w/eviction after 10 years


orvat62
Jan 14, 2014, 11:37 PM
We no longer have a written lease, but we have been renting here for 10 years. We both got laid off due to cut backs, but we have not missed even one month of rent. My husband got another job and is paid every 2 weeks. We have been late a few times lately but we haven't missed. Our landlord says if we are late one more time, he will have us evicted. Can he do that? If so, how long will it take? We live in Arlington, TX and we have done a lot of work on this place over the years. It's just my husband and I. Our kids were grown & gone when we moved in here. Need some advice. I am looking for a job & applied for unemplyment. He doesn't seem to understand what hard times are. Please. Tell us what we should do. Thank you.

kcomissiong
Jan 15, 2014, 01:42 AM
Sorry, but your landlord can absolutely evict you. You are currently a month to month tenant, and they can terminate your tenancy at any time, as long as they provide you the notice required by law. I'm sorry that this isn't better news.

ScottGem
Jan 15, 2014, 05:58 AM
I'm really sorry about your hard times, but what makes you think your landlord doesn't understand. A landlord has bills to pay also and a landlord relies on the rentals he gets to pay his bills. So when his rents come in late he may have problems paying his creditors. Being a landlord does not mean you are running a charity. It's a business like any other. What would you say if your employer was late giving you your paycheck? Why do you think living in the same place for a long time entitles to you any special consideration? And if you put money into the property without some arrangement with the landlord then you gave the landlord a gift. Why would you put money into a property you didn't own.

I know that may have sounded harsh, but you need to understand the realities of life here. Even though your original lease may have expired, the terms of that lease remain in effect except for term and rental. You are now a periodic (month to month) tenant. At whatever rental is currently in effect. But the due date for the rent (and any late charges) remain the same as in the original lease. In TX a landlord can issue a written notice to pay or quit within 3 days as soon as rent is late. This gives you 3 days to pay in full or vacate. If you do not vacate within that period, the landlord then has to go to court for an eviction order. This requires a hearing and, usually, you can pay right up to the hearing. But if you have been chronically late he may not have to accept it.

How long it takes to schedule the hearing depends on local court load. It could be as much a 2-3 weeks. At the hearing, you will have to show cause why you should not be evicted and there are not many good reasons that would cause the court to not issue an order. From there you may have a few more days to vacate before a sheriff will come to physically remove you.

In my opinion, housing costs are #1. You pay for housing before you pay for anything else, including food. Can your children help you get a little ahead so your rent won't be late?

Fr_Chuck
Jan 15, 2014, 08:09 AM
As a prior landlord, we often do understand, we often have payments on the property you rent, have insurance and taxes to pay on the property. Plus if this is our income we have food to buy, our house to pay for and so on.

You being "late" can make bills they pay late, if they depend on that money to pay bills.

Yes, does not matter you have been there 10 years, that gives you no special rights to stay.

You need to make a plan to not be late, so that it is not an issue