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Eviction Defense

Have you been told to leave your home? Learn about the steps in the eviction process below.

Note: If you are facing eviction and would like to speak to an attorney, you can apply for our free legal help.

 

Eviction Steps

Notice to Vacate (Leave):

Your eviction starts when you get a Notice to Vacate (Leave). This notice will be given to you in person or to someone living with you. You’ll also get a Notice of Tenants’ (Renter’s) Rights, which tells you about your rights and where to get help. If you’re not home, they might stick the Notice on your front door.

The notice will explain why you’re being evicted, when you got it, and when you’re supposed to leave – usually within 3 days. But you don’t have to leave by that date. It’s just a way to get you to move out. It’s a good idea to move out before your landlord takes you to court for eviction. If you go to court, it can affect your credit score and rental history in a bad way.

Eviction Hearing: 

Even though you don’t have to leave right away after getting the notice, if you stay, the landlord might take you to court. The court hearing usually happens within 6-10 days from when you got the notice. It’s important to show up for this hearing because if you don’t, you’ll automatically lose and it’ll affect your rental history and credit.

If the judge orders you to leave, you’ll have 5 days to find a new place before the landlord can remove your things. If you want to challenge the decision, you have 5 days to start an appeal process, but it can be complicated and might need a lawyer and a deposit.

If your landlord agrees to let you pay late and promises not to evict you, make sure to get it in writing to protect yourself.

Appeal Steps

If you miss your eviction trial, the landlord automatically wins, and you could be asked to leave in just six days. The sheriff might post a notice on your door, giving you just 24 hours to move out. But don’t worry, you can still ask for a new trial if you had a good reason for missing the first one. You can also stay in your home while you wait for a decision on your appeal, but you’ll still need to pay rent. If you’re low on money, you might be able to appeal without paying the usual fees. There are different ways to appeal, but you have to act fast – you only have five days to do it. Make sure you follow all the rules carefully, or you could lose your chance to appeal.

This video is made to guide you if you’ve been evicted from your home by a court and want to challenge that decision in a higher court. It’s specifically for people who were evicted because they couldn’t pay their rent in Texas.

Important Information

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These types of things tend to add stress to an already stress filled situation. You were most attentive to my needs and spoke to me with dignity and empathy, which is greatly appreciated in a time of duress. You developed a plan of action and implemented it, as well as following it through. Thank you and God bless. - Mr. Thomas, US Veteran & LSLA Client