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Need eviction defense advice in Texas.

Pattonville, TX |

I've been served with eviction papers. Rent is always paid and we have a one year lease till Sept. '12. 3 months ago, Landlord and I talked about terminating the lease early, because they want to move back in. I said I would if I could. The tenative plan was for April 1st '12. It turns out I can't do it financially. Now landlord has told me to replace 2 sets of miniblinds with minor damage from my 2 yr. old, mow the 2 acres which is barely long enough to mow, and clean my house which just looks lived in for a family of eight. Tells me I have till march 31st to do it. Then they inspect my house without consent on the 22nd(its in the lease). They give me written notice on the 23rd, and file eviction on the 27th stating we are destroying the property. What do I do?

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Attorney answers 1


The burden is on the landlord to prove that you are in violation of the lease agreement. I would recommend taking pictures of the property to show that there is no damage other than normal wear and tear. Pay your rent on April 1st (assuming your rent is due on the 1st) with a witness or by certified mail, in case they try to refuse it or claim you didn't pay on time. Go to your court date and try to prove that the grounds for eviction in the landlord's petition are not true. If you lose in justice court, you have five days to appeal and have your case heard by a different judge in county court.

This answer is offered as a public service for general information only and should not be relied upon as legal advice.