QUESTION
Landlord has filed for eviction because I was 3 days late on the rent.
Asked on Mar 20th, 2015 on Landlord and Tenant Law - Texas
More details to this question:
I have an oral lease with my landlord. The only "rule" I was given at move-in was pay rent in cash. This monthrent was late.I tried to pay half on the 3rd and said rest would be paid the 6th. He refused payment and placed an eviction notice on my door. It gives the date it was issued but does not state my name or a move out date.I tried to reason with him to no avail. I've made plans to be out by the 31st. I received a summons today for the 26th. I have in writing proof that he refused my rent. He made a mistake on the petition for eviction. Instead of checking "oral agreement" he checked "occupancy after foreclosure sale" as our landlord/tenant relationship. It says by refusing to vacate by date given on notice I've committed a forcible detainer but I was never given a date. What are my rights? Will this now be on my record as an eviction? Can I be evicted for being 3-6 days late on my rent? Help!
1 ANSWER
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Yes, you can be evicted for being 3 or 6 days late on your payment under a lease unless you otherwise agreed to some sort of grace period. The fact that he got the facts wrong could help you, but it may not matter. Different judges may treat it differently (regardless of the law). Most judges I know, after hearing that you were going to vacate by the 31st anyway, would probably abate the case to see whether you moved in that situation.
Answered on Mar 21st, 2015 at 9:58 AM