Can my landlord evict us within 2 days without any written notice?

UPDATED: Feb 18, 2012

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Can my landlord evict us within 2 days without any written notice?

I’m on worker’s compensation and currently disabled. I am 27 days late on 1 month’s rent and my landlord wants to evict us tomorrow, without any written notice, by force and with the help of some of his police friends. The landlord was notified when I began my worker’s compensation in case of possible late rent payment(s) and knows that I sadly have 1 income at the moment. I have thankfully come up with the owed rent and notified the landlord but it seems as if the landlord still wants to wrongfully evict us. Our landlord verbally notified us yesterday; that is only 2 days verbal notice. If I do have to go, am I still entitled to my deposit if I followed the guidelines within the lease?

Asked on February 18, 2012 under Real Estate Law, Texas


Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 10 years ago | Contributor

Your landlord cannot legally evict you that way.  He must first provide written demand for possession of the property and then file a dispossessory action in magistrate court, which would be entitled to respond to and defend.  Whether you have the right to your deposits depends on the specific facts and terms in your lease.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The landlord is playing dirty here and I would either call an attorney or find a tenant's rights organization in your are as soon as you can.  No, two days verbal notice probably does not comply with the eviction law.  It is generally three days written notice.  And then if you do not move out he must start an eviction action.  H does not have to accept the rent if he wants you out.  But if you do what I say and have it legally established that you are disabled then it will be much more difficult for him to get you out.  Good luck.

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