macgeorgelaw-blog

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Landlords, if a tenant has moved out already, eviction is not the answer

As some of you may know, a landlord is required to give each tenant they want to evict a notice to vacate in Texas. This is typically a 3-day notice, but it can be shorter if the lease states so. What you may not realize, and what I find a lot of landlords are unfamiliar with, is that if a tenant actually moves out during this timeframe, and eviction suit would be improper from that moment on. 

You may be thinking, what? I can avoid an eviction on my credit record simply by moving out when they ask me to? And the answer, according to the law, is yes, but that isn’t always what’s happening. However, many courts are not checking the landlords for improper filings, and some improper evictions are slipping through the cracks because landlords are claiming that these tenants still live in the units when they get to court. Because notice for these court dates are usually posted on the inside of the front door you no longer live at, or have keys to, it is highly unlikely you will show up to defend yourself, and let the court know you moved out. 

What landlords seem to be completely unaware of is the fact that a lawsuit for eviction, and a lawsuit for non-payment of rents are two separate suits. Because they don’t realize this, they file evictions against tenants who have moved out, because they want their money. An eviction suit, however, only deals with possession of the unit itself, and if possession is not at issue, then the suit must be dismissed. 

If you have an eviction on your record from an apartment complex you moved out of before trial, all hope is not lost. I can help you with a bill of review which could result in removal of the eviction from your record. Call my office today to talk about your options. 512-215-4129

[macgeorgelaw-blog]

Non-payment of rent isn’t always the end of the argument for landlords in Texas

If you’ve ever faced eviction, then you know exactly how it feels to be facing homelessness, with seemingly no way out. While eviction can be filed for many things, it is most often filed because a tenant did not pay rent. 

While there are not many options when it comes to defending an eviction for non-payment of rent, there are still some things that deserve taking a look at. You’ll want to call a legal professional to discuss:

- The procedure and timelines followed by the landlord in delivering the notice to vacate to your rental unit, and

- The reasons and timeline for the non-payment of your rent. 

There are a series of equitable cases stemming from the Supreme Court in Texas and down which essentially create an equitable bar to lease forfeiture when the delay in payment is only slight, and the only damage to the landlord has been monetary. While this won’t work in every non-payment case, it’s important to hire an attorney who will explore all of your defenses thoroughly. 

If you are facing eviction, I can help! Call my office today at 512-215-4129 to schedule your free phone consultation today.