What are my rights as an evicted tenant?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights as an evicted tenant?

I am being evicted out of the roomthat Ii am renting in a house. They are giving me 2 weeks to vacate even though my lease says 30 day notice is to be given. They are threatening to take me to small claims for damages they say my cat did but there is no proof. And they say if I don’t pay them the damages they are going to take me to court for rent since the lease was broken even though I’m being evicted. They are also telling me I will get a felony in court. I am so scared and know nothing about TX law.

Asked on August 28, 2011 Texas

Answers:

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

Answered 13 years ago | Contributor

What a horrible situation that you are living in and I am so sorry.  You have every right not to be verbally abused by the landlord and really I would consider a restraining order.  But let's start with the basics.  Your lease is a binding contract between you and your landlord and that means that the rights and obligations listed are to be followed.  So if it says 30 days then 30 days it is.  It can be more.  It can NEVER be less.  And if the notice is not properly given under the law then it is as good as not given at all.  Now, it is hard to tell how long the lease still has on it or if it almost up.  The part where you write that they say they are going to take you to court for the remainder of the rent makes me think that there are still months left.  So the 30 days does not even apply here and you have the right to stay until the lease is up or they evict you for something in violation of the lease.  Do not worry about the cat.  You say they have no proof and that is what a security deposit is for.  As for the felony, laugh in their faces the next time they say it.  And go and see a tenant's rights organization asap.  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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption