Texas Eviction process

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Texas Eviction process

I cannot pay my rent. My landlord informed me via note taped to my door that he will proceed with eviction unless rent is paid. I have since informed him I cannot pay rent, as I lost my job 2 months ago. I also advised the landlord that I understand if he needs to file an eviction. He is insisting I pay rent or leave. He even suggested that I borrow money from relatives. I was disqualified from unemployment and am awaiting an appeal. Can he forcibly remove me/my possessions without a formal eviction?

Asked on December 22, 2016 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, your landlord cannot legally evict you without first going through an "unlawful detainer" action (i.e. eviction proceeding). If he attempsts to forcibly evict you and remoce your possessions, then you can sue him for unlawful eviction. This may give you additional time to stay in your rental and entitle you to damages.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, your landlord cannot legally evict you without first going through an "unlawful detainer" action (i.e. eviction proceeding). If he attempsts to forcibly evict you and remoce your possessions, then you can sue him for unlawful eviction. This may give you additional time to stay in your rental and entitle you to damages.


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