Landlord is angry.: if getting thrown out ,how long by law do we have time do get out, because of landlord wanting to park her broken car here in our rental yard house?
Griffin’s answer:
Unless the landlord and tenant have otherwise agreed in a written document, or there has been a breach of contract, Section 91.001 of the Texas Property Code provides that a monthly tenancy may be terminated by the tenant or the landlord giving notice of termination to the other. If the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: 1) the day given in the notice for termination; or 2) one month after the day on which the notice is given.
If a tenant does not move out, then a landlord will often initiate the process of eviction.
The first step in that process is a notice to vacate given by the landlord to the tenant. At this stage, the landlord is required to give tenants in default and holdover tenants (e.g. tenants who remain on the premises after the expiration of the lease term) at least three (3) days written notice to vacate the premises before the landlord files the eviction action. A landlord who files an eviction on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001 of the Texas Property Code.
The eviction process can last at least three (3) weeks provided there are no appeals by the tenant or findings against the landlord. What follows is a breakdown of the approximate time frames (assuming no appeal) in a typical eviction process:
3 days (usually) between Notice to Vacate and filing Original Petition
6-10 days between filing Original Petition and Court Date
5 days between Court Date and Writ of Possession
1-2 days between Write of Possession and Physical Removal
In some cases a landlord may avail itself of a process involving a Bond for Immediate Possession. Utilizing that process and posting the required bond can theoretically shorten the eviction shortened to ten (10) days. However, if the tenant requests a trial or appeals the eviction, then the time savings can be lost and the customary eviction timelines will apply. Finally, if a landlord loses his or her case against the tenant then the landlord can lose all or part of the bond.
If no appeal is taken and the tenant is still on the premises then a landlord must obtain a writ of possession. The writ of possession provides for the physical removal of the tenant and the tenant’s property from the premises overseen by a constable. Additional fees and costs may apply in cases where a writ of possession is sought.
When in doubt about particular circumstances and specific facts, it is advisable to timely seek the advice of a competent attorney.
This information is not intended to constitute legal advice and should not be relied upon in lieu of consultation with appropriate legal advisors in your own jurisdiction.
Can i be evicted from my apartment because i have a felony?: I am living in an apartment that is evicting me due to a felony
Griffin’s answer:
The first source of guidance and information on this issue would be your lease agreement. Many landlords in Texas use variations of a form issued by the Texas Apartment Association. That form and other lease forms usually contain a long list of defaults that would allow a landlord to terminate the lease and evict the tenant.
The list of defaults may include felony arrests, detentions and convictions by the tenant. The classes of felonies that trigger a default usually involve controlled substances, physical assault, weapons and sex offenses. Moreover, the lease agreement will often require that the tenant give notice of the felony event within a prescribed period of time. Failure to provide that notice to the landlord could provide grounds for default under some lease agreement. Furthermore, some lease agreement may define a default as failure to disclose a past felony in the lease application.
You and/or your attorney should review your lease agreement (assuming there is a written agreement) to determine what, if any, bases your landlord has set out as the grounds for lease termination.
When in doubt about particular circumstances and specific facts, it is advisable to timely seek the advice of a competent attorney.
This information is not intended to constitute legal advice and should not be relied upon in lieu of consultation with appropriate legal advisors in your own jurisdiction.
I was put on performance probation at work and less than a week, my supervisor stated she would not wait around for improvement.: Can an employer resend a contract or agreement they have drawn up and simply state they are not willing to wait the 90 day time frame to see if there will be any improvement? My pay was cut 18.5%. I was not given a chance to improve what was written in the document, and was given a paper days later to sign stating my only options were to take a demotion and pay cut, or resign. Is this legal? I signed basically under duress because I have to work, but I will not be able to survive on this income, I am not trying to be re-instated, but I would like a fair salary amount. Can I apply for partial unemployment benefits to cover the loss salary, or should I just resign and seek other legal options?
Griffin’s answer:
You mention that the employer may have prepared a document in connection with probation and other changes to the terms of your employment. Whether that document constitutes an enforceable agreement (an employment agreement or otherwise) is something that should be reviewed with your attorney because the existence or absence of a contract will affect your rights and those of the employer.
In Texas, the relationship between an employer and its employees is at-will unless there is an express agreement altering that at-will relationship. Under the at-will doctrine, an employer may discharge an employee at any time and for any reason or for no reason at all. The reason for discharge can even be bad, unfair, arbitrary, ridiculous or whatever so long as the discharge is not for any one of the few recognized exceptions to the at-will doctrine.
However, the at-will doctrine can be called into question because of verbal or other promises made by managers or supervisors to an employee. Statements to an employee promising employment for any definite length of time or granting particular rights can create problems for an employer. However, the burden of proof regarding an exception to the at-will status is on the party asserting it. Often, it is difficult to prove the existence of such statements because they occurred during oral conversations. Moreover, many companies make it a practice to disclaim in their handbooks, policy statements and other places that only a written agreement between the company and the employ can vary the at-will relationship.
When in doubt about particular circumstances and specific facts, it is advisable to timely seek the advice of a competent attorney.
This information is not intended to constitute legal advice and should not be relied upon in lieu of consultation with appropriate legal advisors in your own jurisdiction.