My landlord filed eviction for non payment of rent. I never received a three or five day notice to vacate prior to being served with eviction papers. I attempted to pay the past due rent (principle), late fees, and costs associated with filing the eviction; however, the apartment manager informed me that she was instructed not to take the rent payment. I showed her the language as written on the eviction notice; I showed her it stated eviction was for the past due amount of $__. She then double talked stating the eviction was due to my being late, her boss instructed her not to take the late rent payment (which I currently still have).
Without a valid defense to the eviction, it may be difficult to delay the process. If you want to stay in the apartment, try talking to the apartment manager's boss to see if you can work something out. Once you are late with the rent, you can be evicted. However, you are entitled to receive written notice to vacate at least 3 days before a lawsuit is filed to evict you. Check the language in the lease to see if your lease shortens or lengthens the time period for the notice to vacate. If you did not receive this notice, and the eviction lawsuit was filed nonetheless, this may help delay the eviction process.
Texas Property Code
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If they did not follow the proper procedures then you may be able to fight the case, you can always appeal from the JP judgment as well. Beyond that if they did everything correctly then they can seek eviction even if you can pay everything due.
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