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  1. #1

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    How long for formal eviction

    Jurisdiction / State: Texas

    How long does an apartment have for a marshall to serve a formal eviction. It's getting the point that i feel i'm a squater. I just want a formal notice with a date so i can appear in court. They have not lived up to the rent agreement. They also told me tht they don't move tenants to other units and they lied. Should i get a written affidavit for when i go to court. They told her not to tell people her business and she told them it was her community so she would tell us what she wanted. I have been discriminated against and treated very rudely. The complex manager won't even speak to me so i can ask her she keeps sending her flunky to tell me my options. I want to be moved and they refuse so i'm waiting to go to court. How long do i have to waitit's been almost 6 weeks. I'm getting annoyed but i refuse to be ignored. The corporate office won't even return my phone calls


  2. Moderator Distinguished Scholar

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    Has the landlord/management given you any initial notice which is typically done prior to them filing for eviction through the court system?

    Gail

  3. #3
    jacksgal's Avatar
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    What ground is Landlord trying to evict you? Normally you go to court and Landlord is awarded eviction. Then at some point depending how busy Marshall is a note will be posted on your door when to leave by or be forcibly removed. So first question have you been to court yet and the Landlord won eviction?
    For non legal parenting help go to www.parentnook.com

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    yes but no date was given. would it be helpful to send my package of pictures and a signed affidavit from this woman to their corporate office. No one will give me a response from the company. They seem to be being difficult on purpose. Don't they have to give me a date for court. So I can make my statement.

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    To Jacksgal,
    No noone has been to court yet I don't think I was never given a court date. Texas seems so backwards. In Atlanta they give you a court date because even if you pay you have to pay court fees

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    jacksgal's Avatar
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    You have lots of time right now. If they are seeking eviction they must file in ocurt. Then they "must" have you legally served. There will dates etc on that service. Once served your intial court date should be around 30 days from then
    For non legal parenting help go to www.parentnook.com

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    jacksgal's Avatar
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    Why do you think your being evicted under what grounds?
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  8. #8

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    They are evicting me for non payment. I am holding rent for non compliance to the lease agreement between us. I've lived here four months and according to the paperwork I was moving into a "new apartment". Nothing is new bout the apartment but the new appliances. I had a marsh inside my apartment that they completely ignored until the area under and around the leak from the airconditioner was completley soaked. Mold started growing and is still existing in this apartment. I asked to be moved to another apartment so I could finish my lease and the manager soffed and told me no such measures could be taken due to maintenance issues. I told her the apartment was unliveable and soaked about 15 feet in the middle of my apartment. so much that I could hve nothing on my counters but towels and nothing in my drawers or under the counters in the kitchen. she said no so I told her I wanted out of my lease. When I tried to make sure I would be leaving without a blemish on my credit they told me I was walking out on my lease. So I said I would see them in court. So I have stayed until I could get a formal date. I don't mind leaving the property would have left long before now had I thought my credit wouldn't be effected but they are plum a holes and they act like I'm a fool who can't read. I read my contract and it said they would hastilly handle any problems with the air conditioner/heating/water and or carpet. All of which they haven't. Three weeks later I met a woman who was browsing around the complex who told me she was being rellocated in the complex because of my same issue but she's white. I'm black and was told that the complex met so such requests. When I brought it to their attention they told her not to talk about her situation with other tenants. Finally they sent a contractor to "fix" the air conditioning unit and he put a relay on it so once it is on for a few hours it completely cuts off. So no air/heat for days and my carpet dried on it's own after their carpet man came a removed all the padding. Now what's left is the water damage, the stagnant smell and the mold. I just wanted to be moved or let out of the contract. I am only going to court to ensure it wont be on my credit if I don't get allowed another apartment.

    When I go to court should I take an affidavit of the people who saw my soaked floor and the woman I met with the same situation to show discrimination. I have 25 pictures and video should I bring them both. Would it be grounds for a civil suit if I had all these things together along with the phone records of me calling the office, the maintenance hotline which is in the caribbean and the corporate office who never returned my phone calls.

    Thank You

  9. #9
    jacksgal's Avatar
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    Withholding rent is tricky buisness. Some states do not even have provisions for withholding rent. Even if there is one in your state there is a process you "must" follow to withhold rent. Do you know if your state has such a process and what it is?
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