Count this as a win for you, because he accepted rent after trying to kick you out.
However, you are now month-to-month because your old lease has ended. He can give you a 30 day notice.
So, he sent a Notice to Vacate on Sunday (Sept 13).
1) Is this in line with the judge's instructions? (Did he wait 5 days?)
2) September has 30 days. So, 30 days notice would be Oct 13... So he's actually only given you 29 days notice, starting on a Sunday... Texas requires 30 days (one month) notice.
The joy of being on a month-to-month lease is that the landlord can terminate the lease.
Currently, you can benefit from your landlord's ignorance by getting some local help (see adjusterjack's post).
However, realistically, you need to start planning to move, because eventually your landlord might learn how to follow directions.
Maybe I was unclear, I apologize. There's a lot going on here. The eviction was on Sept 3 where the judge ruled in my favor. The judge said wait 5 days for the appeal window to close then he can send another notice to vacate for the holdover because when he filed the first eviction we were still under the lease.
Paragraphs would have been nice.
Before I try to read your gigantic block of text, I'm going to point out that "retaliation" isn't some magic word. No one who posts here regularly is from Alabama, but "retaliation" is only a legally meaningful concept in a couple of contexts.
Rent assistance? Participate in what?
I don't follow. First you say that the landlord died and referred to the landlord using "his," but then you say the property is owned by a woman. What does this mean? Either you're commenting on a transfer of title that occurred after death or you're drawing a distinction between "landlord" and "owner." If it's the latter, you'll need to explain that distinction.
OK...what does the least say happens at the end of the one-year term?
Why are you still living there despite the lease having expired at the end of August and not having been renewed?
What is the antecedent of "this"? Considered by whom?
"The 13[th]" of what month? "The 12th" of what month? Why is it impossible?
The word "retaliation" is not a magic word that gets you showered with a pile of money.
He has very likely violated the Texas Residential Landlord Tenant statutes, which you should study carefully.
Which may entitle you to some compensation. It's a civil matter and you may have to file a separate lawsuit for any damages you think might be appropriate.
Look for some sort of tenants' rights or assistance agency or organization in your area. Might be some help there.
Let me try this again, I apologize for not being clear.
Aug 28 2025, we signed a lease which started on Sept 1, 2025 and ended on Aug 31, 2026. During the lease we made 18 repair requests the most recent was Aug 1 when the ac broke. The one before that was in April. The repairs were for the same thing again and again because they choose to put a bandaid on it instead of fixing it properly so the problems kept coming back.
On July 6 our landlord, S, died. We did not know this until Aug 1. On July 18 unknown to us the new landlord, J, contacted our SSVF caseworker and ended the prior landlords participation in SSVF, which is temporary rent assistance for veteran families. My husband gets a monthly housing stipend while going to school to get his aviation dispatch license. His councelor made a mistake with the paperwork which stopped his stipend, so to make sure the rent was paid we applied for rent assistance until we got it sorted out. It is not a charity and we were not taking away from the needy. It was temporary, but J had no authority to end participation. I think he did it on purpose thinking it would give him reason to kick us out.
We received a non renewal in the mail on Aug 1, it was alledgly signed by the owner. The same day we received an email from the new landlord, J, telling us that S died and he would be tracking rent for the owner.
We told J that the ac broke and he said pay the rent.
We asked how? J said just pay it, we asked again, he said to pay it the way you always do. Aug 3 we got the stipend worked out and got back pay for it. Aug 4 we paid it to S' Cashapp like J said to do.
On Aug 4 a notice to vacate was signed by the owner. It was mailed on Aug 8 and received on Aug 12. Aug 20 J filed for eviction stating non payment of rent. On Aug 20 I filed a repair and remedy case for the ac not being fixed but it was rejected so I filed it again in person on Aug 24. J and the owner have side step stepped service so that case has stalled until they get served.
The lease ended Aug 31.
Sept 3 we prevailed at the eviction hearing. The judge told him wait 5 days for the appeal window to close and start over with the eviction process.
Sept 4, he sent another notice to vacate, but I still have not received it, I'm just going by the online eviction papers he filed on Sept 14.
The new eviction says non payment of rent from Aug 1- current and ending of lease. The judge already ruled that the rent was paid for Aug.
So to answer and ask questions, why have we not left? It's not that simple. We cannot find another place with these evictions. I know that has nothing to do with the owner having a right to possession, but it's her agent, J, who has created the barriers to find housing. We cannot even begin to pack because the tempature in the house makes it a hazardous activity. J refuses to repair the AC, even when rent was paid and I cannot find the owner to serve her with the Repair and Remedy suit.
J has tried to manufacture a false narrative. We are not refusing to pay rent, he never told us how. We are not refusing to leave, he has created barriers to stop us. We are not being difficult or horrible tenants who are holding the property hostage. We have always taken care of the house, and tried to treat the landlords with respect.
We asked why J didn't want to renew the lease and J said the answer is in the notice to vacate signed on Aug 4.
How could J claim the reason for non renewal was non payment of rent before the rent was even due? That is what is making me think it was retaliation for the 18 prior repair requests and depending on assistance for 2 months.
Does this explain it better?
