The relationship of a landlord and tenant is simple on paper. The landlord provides a place to live and the tenant compensates in the form of rent. The landlord-tenant agreement has specific stipulations with respect to the zip code, the building environment, and personal preferences of the owner. If the tenant fails to pay rent on time or violates any terms or conditions of the agreement, the landlord can issue a notice for eviction. In Texas, dwellers can receive two types of eviction notices, namely a three-day notice, or thirty-day notice if the tenant pays a monthly rent.
A 3-day notice entails that you have three days to move out, while a 30-day notice gives you a month’s time. However, you will not be automatically ejected from the rental apartment if you do not vacate it within the allowed time limit. Once the time period is over, the landlord can go to the local court and complete the necessary paperwork to initiate the eviction process. The process can take anywhere from a week to a few months, depending upon how busy the court’s schedule is. The county’s sheriff will be provided with a specific date to evict you. You can continue to occupy the residence until you receive the sheriff’s orders to evacuate, and you will be liable to pay the gross rent of the place to that date.
There is no sure shot way to stop an eviction, though there are ways to lawfully delay it:
Negotiate with the Landlord
The first rational solution is to talk to the landlord and convince them to cooperate. You can ask them for a time extension or pay the outstanding dues in smaller installments. If the warning of eviction was in response to some other violation, you can try to make amends through correction. Stop breaking the rules and demonstrate good behavior to persuade them into letting you stay. Note to self that paying your dues or rectifying erroneous behavior cannot definitely prevent the landlord from dislodging you. The law cannot force them to change their mind, but they are likely to hear you out because eviction is not in anybody’s best interests – it is a costly and tiresome process for both parties.
Justify yourself at the Eviction Hearing
You can try and win the favor of the judge at the eviction hearing. For example, if you have not been able to pay rent due to inevitable money problems, law enforcement may sympathize with you. Tenant Law Attorney in Pflugerville, TX, can help prevent immediate removal from your home through valid reasoning and defenses. Working with a skilled and experienced attorney will greatly increase your chances of success.
File Bankruptcy
If your finances are at their worst and you have no other place to go, you may consider filing bankruptcy. Making up for missed payments can become an impossible task if your debt is growing exponentially. You know that a few more days or weeks won’t help, and the landlord won’t show mercy, so why not seek legal protection through bankruptcy? The bankruptcy will grant you an automatic stay, so debt collectors can no longer harass you for payment. Nevertheless, bankruptcy is another temporary solution; once the bankruptcy period is exhausted, you can no longer stall creditors.
