What to do if my landlord is trying to make me move but has only given a written 3 day notice ?

UPDATED: May 28, 2012

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What to do if my landlord is trying to make me move but has only given a written 3 day notice ?

He hasn’t gone to file for any eviction. So can they call they cops and make us move out?

Asked on May 28, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease, you may generally ONLY be evicted for--

  • Nonpayment
  • Other material (important or significant) breaches of the lease, and generally only after first getting notice of the breach and an opportunity to stop
  • Willfully or recklessly damaging the landlord's property
  • Threatening, assaulting, or committing other crimes against the landlord or his/her staff
  • Disturbing the right of other tenants to "quiet enjoyment" of their premises, after first receiving notice and a chance to stop

If you have no written lease, only an oral, sometimes called verbal, one, then you can be evicted as above or on 30 days notice--not three days.

So the first question is, have you done something providing the landlord with grounds to evict you? If not, he or she can't.

Second, even if you have done something which might let the landlord evict you, the landlord cannot simply lock you out or call the police if you don't go. Rather, tenants may be only be evicted by court officers (such as constables or sheriff's deputies) after the landlord brings and wins an eviction action in court.

Evictions other than as the above are illegal; if you are illegally evicted, you could sue the landlord for reinstatement and/or monetary compensation.

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 AttorneyPages.com 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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