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Can landlord force me to move out of home by 5:00 today under these circumstances below? Need immediate help & advice please!

Landlord Tenant Law 3 views 3 answers
I rent from a private owner. 2 yr. lease expires on 9/1/15. Late with June's rent, 1st time. On June 8, LL sent Notice of default, pay in full for June plus late fees, or vacate by 6/16. When I couldn't find another place in time, I offered to pay, he refused to accept it. Eviction filed on 6/17. Tried to work things out again & finishing lease terms. Still refused. Now at last minute, says if I pay partial pymt + agreement to pay rest within 6 mo., he will dismiss eviction. Court day is 7/1 . I am disabled (having seizures & have Dr.'s letter that I cannot drive) I am widowed, on fixed income, no way to be out by today. Packing, nowhere to go except hotel. LL says 5 pm is deadline to be out or eviction will proceed. He is coming to inspect house & get keys. What can I do?

Attorney Answers

3
Richard Jonathan CahanLandlord / Tenant LawyerRound Rock, TX ·
A landlord cannot force you out. They only way you can be forcibly removed is with a judges order and the constable executing said order. You have the right to appeal the eviction judgement that will probably be ordered on July 1. The time frames for eviction without appeal and with appeal are: If you do not appeal: Trial July 1 Writ can be issued July 7 Writ can be executed as early as July 8 but probably not until July 13 at earliest If you appeal: Trial July 1 Appeal deadline July 6 Pay one months rent probably by July 13 Case is sent to County court and trial is sometime probably after July 27 If you appeal you have to pay rent as it becomes due if the trial has not occurred before the next due date.
0 upvotes
Ed WaltonLawsuit / Dispute AttorneyTerrell, TX ·
Mr. Cahan's answer is spot on. At the same time, it may be wise for you to accept the offer and make a partial payment and agreement to pay the remainder in six months. Under no circumstances should you give him the keys until a court order has been entered and a writ of possession served on you by a constable.
0 upvotes
Stuart Lautin ·
If the landlord filed a bond for immediate possession and you neither attend the trial nor file a written Answer with the Court, the landlord might be entitled to possession as soon as the Judge enters the Judgment. For that reason it is *imperative* that you attend today's trial.
0 upvotes

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