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    Pokerstar3699's Avatar
    Pokerstar3699 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 3, 2012, 02:53 PM
    Backed up on rent
    Hi,
    I live in Texas, I recently fell behind 2 mnths rent. I have not got an eviction notice but my landlord said he wants me out. He has only gave me 2-3 weeks to get out. But I still have not got no notice can he kick me out?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 3, 2012, 04:30 PM
    No he cannot kick you out. He has to give a written notice to vacate before he can do anything. However, if you are behind in your rent he can give you a 3 day pay or quit notice. If you don't pay in full within the three days then he goes to court for an eviction order. So you could be out in 2-3 weeks anyway.
    MKH2U's Avatar
    MKH2U Posts: 8, Reputation: 0
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    #3

    Jan 17, 2012, 09:06 AM
    Do you have a contract? In Texas the only party that can legally evict you is the court through the judge. Two months is a long time not to pay any rent and you are lucky. If you lived anywhere else in Texas you would be homeless with an eviction judgement on your record. The landlord must notify you in writing and can post a 3 day notice to vacate on the inside of your entry door or if keyless entry is secured then making sure notice is pushed entirely into door jam all the way through(with a witness)so no complaint of non-receipt can be accused against the landlord.Once judgement for non-payment of rent is granted to the landlord then you have 48 hours to vacate. If you do not vacate they have to pay more money to the court ($130)and request a writ of possession which will be granted that day and within 24 hours a member of law enforcement will physically remove you from the home. The officer only allows you to take your shoes and very few necessary personal items and leave. All your contents are forfeited as the owner will then take possession back and change the locks. That is a LOT shorter than 2-3 weeks that you are complaining about in your question. Why have you not already vacated if you cannot pay the rent? Why is it the landlord's responsibility to house you and not receive the rental payments as agreed?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jan 17, 2012, 09:34 AM
    Quote Originally Posted by MKH2U View Post
    If you do not vacate they have to pay more money to the court ($130)and request a writ of possession which will be granted that day and within 24 hours a member of law enforcement will physically remove you from the home. The officer only allows you to take your shoes and very few necessary personal items and leave. All your contents are forfeited as the owner will then take possession back and change the locks.
    Can you cite the law supporting the above? I've never heard of a law allowing the landlord to confiscate the tenant's belongings due to a forcible eviction.
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