Can we be evicted within a week of my roommate’s due date?

UPDATED: Aug 22, 2011

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Can we be evicted within a week of my roommate’s due date?

We are getting evicted from our apartment for violations of the lease, which by the way, they have no proof. What I am worried about is my roommate is giving birth to her baby the same month we have been ordered to leave the apartment. Is this fair? If not, what should we do? We have until the end of last month to leave her baby is due the week before. Also, only one name is on the eviction notice but the landlady is claiming that we all have to get out.

Asked on August 22, 2011 Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To begin with, "fair" is not a consideration. IF you have actually violated the lease, the landlord may well be entitled to evict you under  the law. (Much depends on the violation: unpaid rent allows eviction unless you pay what you owe prior to eviction; attacking or threatening the landlord or his staff, or delibarately damaging his property, allows eviction without a chance to correct the problem; but violations of certain terms, like no pets or no disorderly conduct, require that you first get a chance to correct the issue before you could be evicted).

You should consult with an attorney with landlord-tenant experience; if you can't afford one, try contactinig legal services. He or she may be able to find a way you can fight the eviction, including, for example, for improper notice. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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