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Ignoring Eviciton Notice in Texas

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C

Carole

Guest
A neighbor rented out her home in February to an individual. He was arrested this month
by DEA and local police for operating a meth lab in the house. After his release from jail, he was given a 3 day notice to evict by today. He has not. What is her legal
recourse?
 


P

Prairielaw

Guest
Sounds great. I have heard of it before. She may want to call a local real estate lawyer to make certain or a legal clinic at a state law school, but I would think she needs to go through all the notice requirements required of a landlord. I do not know if 3 days is sufficient and even if it is under the law, she would now have to sue in small claims court.

Law on, Kevin

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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."
 
A

Andy

Guest
Here in Missouri, you must give something like a 30 notice. And if they are pregnant it is something like 90 days! This is nuts, gives them plenty of time to destroy the place. Most landlords I know have a high depost to cover the last months rent and damages since most seem to bail fast after being eevicted. This may vary from county to county or city to city and state to state.
 
T

Tracey

Guest
Because it was a drug offense AND presented a serious danger to her house, 3 days notice is probably all that was required. She can now go to court & get an order of eviction TODAY with no further need to serve him or give him an opportunity to be heard. She should see the local landlord/tenant association or law clinic for help locating the proper forms & information on how to file them. She may also be able to convince the court clerk to let her see a case file for a drug-related ejectment & use those papers as templates.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
S

smileyhapy

Guest
I am in Texas. We rented our house to a biker couple (against my wishes). My husband even found the man a job. Well to make a long miserable story short, they were doing something similar. My husband was so furious that he told them verbally that they had so many days to get out. The man goes to jail and the girl goes with the new boyfriend and leaves the house with animals in it for a week. We had a key and they left a van outside that was empty. We removed all of their belongings and put them in the van. We removed the dead animals. The house at this point should have been burned to the ground it stunk so badly. Don't do this. They took us to court because we didn't pay our $68.00 eviction notice fee and won a judgement for $4000. She claimed that we killed her animals and ruined her heirloom stuff. The judge told us we would have won on our countersuit if we had paid our money and gave them 30 days notice. She even scolded the biker couple about complaining about their 200.oo lizard that died when they hadn't paid their rent. They still won. You know what they say about blood from a turnip, it will be a cold day in hell before I would pay them a dime. It took weeks of cleaning to remove the mess. My best advice is to get the eviction notice from the Justice of the Peace office for around $68.00 and hope that they don't take your kitchen sink. They took ours. No kidding.
 

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