What are my rights as an evicted tenant?

UPDATED: Aug 28, 2011

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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


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

Answered 11 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.   

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