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001; Eviction Lawsuit: Forcible entry and detainer. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out.If a renter ignores the eviction notice and does not pay their rent or fix the lease violation, you can file an eviction suit (forcible entry and detainer). Landlords: Starting an eviction case (an unlawful detainer court case); Tenants: Understanding your options if you get a Notice to Quit or Summons and Complaint. You should consult with an attorney before taking any of these actions. Failure to include this Notice is a defense to unlawful detainer (eviction). In Texas, the legal term for eviction is "forcible entry and detainer. A bank that purchased a home at foreclosure could not evict the former owners with just a 30-day notice to quit. Minimum of 90 days with notice. Made up of Statutes, Rules, Case law, and Attorney General Opinions.
You cannot legally evict someone if you are in the process of buying a home, or if you are an existing tenant looking for a new place to live. For example, your landlord tried to evict you for nonpayment in late 2009 or early 2010, but you were waiting on the house to sell, so you could move in; you were told about the property by a friend; and you wanted to take a break because moving wasn't on your mind right then. These types of cases are difficult to win. For more information on these types of eviction cases, see the Texas Code of Civil Procedure § In Houston, Texas, landlords may enter and inspect the rental unit any time of day, as long as they have a written lease and a valid inspection permit. The landlord may enter and inspect during the tenant's normal tenancy hours and up to two times per year, with special and limited exceptions. The landlord must give the tenant proper notice regarding the required access and inspection hours.
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