fight an eviction notice if your lease was up after the first year living there

We have been there 2 years and after the first year our lease was up and we never signed a new one now our landlord whats to sue us what can be done. And do we have to be out by time we go to court.

Asked on May 18, 2009 under Real Estate Law, Texas

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To answer your question I would need more information but based on assumptions I would say you do not have to be out by the time you go to court, worse case scenario you are liable for rent to that point and may be ordered to leave the premises after having appeared i court.

As for being sued I am unsure as to why the landlord is suing you. If you have no lease you are month to month so the landlord can tell you to leave at any point after the month you are in passes because of the month to month lease.

If they are suing you for another reason I cannot begin to guess what it is. I advise you call a local attorney and speak to them briefly about the situation. They may be able to help further with the whole story


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