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notice to vacate

  • Thread starter Thread starter garry griffin
  • Start date Start date

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garry griffin

Guest
Help. i put my question on renters rights under bankruptcy. could some one look under that heading for my question? thanks for the help.
 


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happy&lucky

Guest
Well if you PAY ALL of the rent by court time, they will have to start the eviction process all over again.........

Thats how much time you have.....

And NO the landlord cannot lock you out or toss out your stuff call the police on him if the does that.....

But as an AMERICAN you have a right to your day in court..

But being 2 months behind you will NOT get extra time to move just becuase you got 5 kids and its xmas.

The only way to gain extra time is to buy NOTHING for xmas and give all that money to the court.



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I live in texas we signed a taa lease contract. my wife lost her job and we're 2 months behind on
our rent. we just recieved our notice to vacate dated dec. 6. we have until midnight the 14th to
vacate. then it goes before the justice of the peace for legal action. how long after the 14th do
we possibly have until final eviction? will we be locked out of our house at this time? we will
move , but it is almost christmas. we have 5 small children and hope to be out by the 1st of jan.
we know we're responsible for the lease ammount. do we have a chance of being forced out
before then? HELP!!!
 
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Gene Gayda

Guest
TX Law
Sec. 92.0081. Removal of Property and Exclusion of Residential Tenant.
(c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating:
(1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number;
(2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and
(3) the amount of rent and other charges for which the tenant is delinquent.
(d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless:
(1) the tenant is delinquent in paying all or part of the rent; and
(2) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating:
(A) the earliest date that the landlord proposes to change the door locks;
(B) the amount of rent the tenant must pay to prevent changing of the door locks; and
(C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be paid during the landlord's normal business hours.
(e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent.
(f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent.
(g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours.


Ya’ gotta really love Texas.


Gene
 
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Gene Gayda

Guest
TX Law
Sec. 54.044. Seizure of Property.
(a) The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace.
(b) Immediately after seizing property under Subsection (a) of this section, the landlord or the landlord's agent shall leave written notice of entry and an itemized list of the items removed. The notice and list shall be left in a conspicuous place within the dwelling. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent.


I think if I was in Texas, I'd be in heaven.


Gene
 

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