What are my rights?

Asked over 1 year ago - Midland, TX

i am being taken to court for eviction and back rent on an apartment i am subleasing. My name is not on the lease at all and i have paid from jan til april and still have reciepts. Landlord is claiming non payment since february. What do i do and how long do i have before i have to move. Aso i am pregnant and have two small children

Attorney answers (1)

  1. Kevin Matthew Koel

    Contributor Level 16


    Lawyer agrees

    Answered . It appears that your sub-landlord, the original tenant, has pocketed your payments and did not pay the landlord. Thus, the tenant is in breach and you are subject to eviction. Try to work out a deal with the landlord, you may have to pay twice. Then, sue your sub-landlord for your damages in small claims court. Depending on the terms of your lease, and the lease above you, the original landlord could terminate his lease with the original tenant, you could terminate your lease with the original tenant, and then you could lease directly with the original landlord (thus cutting out the bad tenant). Evictions typically take about 30-45 days to go from notice to vacate to the sheriff putting your stuff out into the street.

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