My husband and signed our second lease on jan 31, 2007... on Friday night July 25th 2008 my husband and my kids and I returned home to find a letter on our door that stated, in my on words, that we have violated our lease because our household income exceeded 140% at recertification and that we had 3 days to move out and failure to do so would result in an eviction suit being filed and a hearing held before the justice of peace. First of all, and less set aside whether the lease has been violated, do they have the right to ask us to leave in 3 days and second if we have paid a full months rent, don't we have at least until the end of the month to vacate if not 30 days. I think someone is being really sneaking considering they waited until after business hours on a Friday to do this and want us out by Sunday when they know that there is no lawyer's office open and that all government agencies are closed. All responses will be greatly appreciated.

Thank you in advance :)

What state do you live in?

It will appear you live in some housing where the rent is subsitized or a low income housing?? So it is easy if your income is not over the guideline write them back and inform them it does not.

So let them file a case, you go to court, prove they are wrong and that is the end of it, you win.

The 3 day notice is a requirement that must be met prior to starting the eviction process.

If you don't move by Sunday, you will receive a notice of eviction suit, and will be given a hearing date.

At the hearing, you can present your defense, and the judge will decide the outcome.

It will most likely be at least 30 days before such a hearing date, could be a little less but more likely, a little longer depending on how backed up your court system is.

Of course, if your income does exceed the appropriate level, I think that you are going to have to move. So you may get some time, but I would be looking for another place to rent while you do this.

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Originally Posted by N0help4u

what state do you live in?

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I live in Grand Prairie, TX... It's located in Dallas County

Yep they are allowed to give 3 day notice. Then they have to go through court for a formal eviction

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Originally Posted by Fr_Chuck

It will appear you live in some housing where the rent is subsitized or a low income housing ??? So it is easy if your income is not over the guideline write them back and inform them it does not.

So let them file a case, you go to court, prove they are wrong and that is the end of it, you win.

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I agree, I really don' t have anything to worry about. It just upsets me that they would be willing to throw us out with 3 little kids.

Thank you for responding :)

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Originally Posted by progunr

The 3 day notice is a requirement that must be met prior to starting the eviction process.

If you don't move by Sunday, you will receive a notice of eviction suit, and will be given a hearing date.

At the hearing, you can present your defense, and the judge will decide the outcome.

It will most likely be at least 30 days before such a hearing date, could be a little less but more likely, a little longer depending on how backed up your court system is.

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Thank you for responding. :)

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Originally Posted by froggy7

Of course, if your income does exceed the appropriate level, I think that you are going to have to move. So you may get some time, but I would be looking for another place to rent while you do this.

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Although our income does not exceed the 140% they stated or the requirement at all for that matter... we have decided that we don't want to have to deal with these people anymore, so we are looking.

Thank you for responding. :)

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Originally Posted by N0help4u

Yep they are allowed to give 3 day notice. Then they have to go thru court for a formal eviction

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The problem is that we do not exceed the amount required... that is what bothers me the most. They should have requested a tax return or even pay stubs before issuing a letter for us to vacate.

Then as Fr_Chuck said let them take you to court and take ALL your proof.

Each state has it's own law or regulation as to the amount of time you must be given in your "notice to evict.' Some states require no more than 3 days, others such as the state of Kentucky require 7 days when there is a month to month lease, but only a 3 day notice when it is a week to week lease. Check your states legislative home page to search the correct law in your area. Jimmy