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Landlord Filed For Eviction

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  • 12-16-2007, 07:35 PM
    tiredintexas
    Landlord Filed For Eviction
    What is the name of your state? TX

    11-28-07: Gave LL 30 notice of moving, due to constant harrassment by LL and his family. Fed up, essentially. Were going to purchase home, and there were a lot on things not disclosed wrong with home. Give this as reason for notice, as LL had not made any attempt to repair electrical, plumbing, leaky roof, structural damage.

    11-29-07: Call LL's RE agent, inform him of 30 day notice. LL tells RE agency he left 3 day vacate on house for "non-payment of rent". No notice ever found. Neighbor doesn't see anyone at house all day. We are out of town due to husband medical problems.

    12-05-07: Find letter from LL on screen door, after returning from another medical appt, saying LL will not be renewing mo to mo lease, that we need to vacate no later than 12-15-07. Immediately beside this is a 3 day notice to vacate, for non-payment of rent. (All rent is paid and current up until 12-15-07 at this point, with receipts to prove it)

    12-06-07: Call JP, ask what is going on, which we need to follow, the 3 day or the 10 day non renewal notice. JP calls back, tells us the 3 day is one to follow, or eviction citation will most likely follow. Call RE agent for LL, are told that they don't know what is going on.

    12-07-07: Receive 3 cert letters from LL. The non-renewal of lease notice, the 3 day vacate dated 12-05, and a 3 day vacate dated 11-29.

    12-11-07: Served eviction citation from Sheriff, are to appear before JP 12-17. Citation claims non payment of rent for Nov - Dec. Again, we have receipt from RE agency showing this is paid. No answer to citation is requested, is for appearance in front of JP only.

    12-16-07: Technically, we are now one day late with rent for last 14 days of 30 day notice. We plan on taking this to JP with us in the morning.

    What do we need to do tomorrow?

    I plan on taking any and all receipts with us, along with the ten day notice to not renew lease. (In Texas, if I am correct, a 30 day notice is required from either party to terminate lease.)

    I have proof that LL accepted 30 day notice, and will be taking that, also.

    Are we in the right on this, as we believe?

    Did the LL do anything illegal?

    Any and all advice would be more than welcome!! I have looked up statutes in TX law, byt need help!!

    We do not plan on staying past our 30 day notice, and are in process of finding a new rental. We have two appts tomorrow afternoon to look at houses, and another on Tuesday.
  • 12-19-2007, 08:57 AM
    Mr. Knowitall
    Re: Landlord Filed For Eviction
    I just came across this thread - what happened in court, and do you have any follow-up questions?
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