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Can I get evicted?

Houston, TX |

I received letters from lawyers saying I was getting evicted & never received a notice. Is this legal?

Attorney Answers 3

Posted

The letter from the attorney could very well be your one and only notice. A landlord is only required to send a notice to vacate upon a tenant being in default, they do not have to give the tenant a prior warning. Follow the other attorney's suggestion and have the letter reviewed by an attorney. You may have a defense to the eviction as well.

If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.

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Asker

Posted

The letters are not from their attorneys. It's from attorneys trying to represent me. My apts were bought out by another company & the new company had no idea an eviction was filed until I kept calling & complaining because my rent hadn't been deducted out my account. They didn't even know I was "technically late" even though I paid rent on time. I have receipt showing I gave them permission to debit my account but they never did.

Kevin Matthew Koel

Kevin Matthew Koel

Posted

I would call the court and ask for a copy of the eviction suit and appear at the eviction hearing. Inform the judge that you did not receive a 3-day notice to vacate letter or service of the eviction suit. The judge should dismiss the case. As for the attorney letters, attorneys are generally not allowed to send solicitations directly to people.

Posted

Depends what the letter says. A Notice to Vacate can be served by mail. One cannot answer whether the letter you received constitutes proper notice. Have a local landlord tenant attorney review the letter(s) and prepare a defense.
If you wish to check whether a suit for eviction has been filed, check with the clerk in the Justice of the Peace for your precinct.

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Posted

No notices were served because the apartments were bought out & new owners have no idea why my rent was never attempted to be ran.

Posted

The letter from the lawyer could constitute the 3 day notice, assuming it containts the correct information. If they file an eviction suit, they are required to give you proper notice to sue for eviction and/or obtain attorneys' fees.

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