can they kick me out with only a days notice?

[agernicole]

my job put me in a horrible position to where i couldnt pay my rent thats due on the 3rd of each month and the lease states that they will charge late fees up to the 15th of the month no later then that , well i return home today it being the 5th now and there was a notice on the door for the locks to be changed tomorrow on the 6th,ive talked to her, her as in the manager/landlord,and she knows i cant pay the rent and all the late fees until the 13th when i get paid,i dont know what to do, it also stated in my lease that they did not except partial payments and she as in the landlord/manager said she would of excepted a partial payment if i could pay the rest by the 13th,can i do ANYTHING TO HOLD THEM OFF TILL THE 13th if im paying everything late fees n all? also when i talked to her , landlord/manager,she stated that anyone that was late with rent this month, that they would'nt be hanging eviction papers out till the 10th which isnt till monday,i just dont get it , why the lease states rents due on the 3rd of the month but you also wont get charged late charges past the 15th day of the month and then her saying on the 4th when i talked to her that eviction notices where going out on the 10th,and i get a notice on my door to let me know my lock will be changed tomorrow and i will be locked out of my homewith one days notice,please help.i have no where to go.how can they kick me out with only giving me a day notice to change the locks .the letter just states to vacate the apartment under section 92.0081 texas property code.soon as i got the letter today i got online to read about that section code and to try to find out anything possible im able to do.please , please help IF YOU KNOW...IS THERE ANY RIGHTS I HAVE , ANYTHING I CLD DO? There has been 12 ppl that have viewed this post and nothing???if anyone knows anything???am i at a total loss basically???dont i get more time???

 

[Gail_in_Georgia]

Calm down a bit. We are all volunteers here and we have things to deal with in our personal lives too.

A landlord/management cannot evict a tenant without a court order granting them the right to.

Attached is a detailed explanation of Texas Property Code 92.0081 and what it entails:

http://law.onecle.com/texas/property/92.0081.00.html

If locks are changed, management must provide information on where the tenant can pick up a new key.

Gail

 

[fredrikklaw]

A gun slinger, eh?

Of course you have rights as a tenant and your landlord needs reminding of that and a fairly extensive course in landlord-tenant laws so he will know in the future that a landlord's right to self-help remedies in this country went out with the dinosaurs and the last I checked Texas had not seceded from the Union and is still very much subject to its rules.

First of all, if the lease states that there will be a late fee then let him charge that and hold his peace, and second of all, paying late here and there does not on its own constitute so chronic a nonpayment of the rents under the terms of any lease in the Universe that would amount to a breach meriting eviction. And even supposing you had somehow breached the lease and were now deserving of eviction, a day or two of notice to evict is not the proper way to go about evicting you and changing the locks without due process of an unlawful detainer action is nothing short of a criminal act.

Write to the landlord immediately and tell him in the strongest, but most civil language, that he is not following proper procedure in such situations and his two-day notice is null and void and any changing of the locks without a court order is simply an act of breaking and entering which you will notify the police of and will press criminal charges against him for it. That property is yours for all intents and purposes until the expiration of the lease in the normal course or is cancelled by a court of law and possession returned to the landlord, who then and only then, can enter the property, and until any of the above happens, he better keep off your premises. You may even want to consider taking out a Temporary Restraining Order to really bring him to his senses.

He needs to give you a proper 3-day, pay-or-quit notice, then follow it up with a 30-day notice to vacate, and if you don't, he will need to file an unlawful detainer action and obtain a court order to evict you.

fredrikklaw

 

[Gail_in_Georgia]

Texas does provide the landlord/management the right to change the locks on a tenant who is at least partially delinquent in their rent payments (and this can be done prior to any court order for eviction) but as previously stated they must also provide information on where the tenant can pick up the new key.

This is outlined in the aforementioned Property Code 92.0081:

http://law.onecle.com/texas/property/92.0081.00.html

Gail