have to move by 28th of aug.

[whitecandy32]

ok I have been here at this house for 5 years and all of a sudden I am being eviction after my landlord found out that I date black men and found out that one was staying with me. he told me that he did not care who I had living with me. for five years he did not care what went on here at my home. my boyfriend got sick and was running a tempt. and ended up losing his mind and rolling in the neighbors grass and the law was called and he went to the hospital the law followed him and they did a tox.screen on him and there was small traces of weed in his system b/c I had got him off drugs and they thought that they would find more than that in his system .. well I have lost my home my boyfriend and so forth and so on b/c of my landlord and now I have no money no place to go what can I do to be able to stay in my home till I get a new place . I will be homeless and do not want to live please help.

 

[army judge]

ok I have been here at this house for 5 years and all of a sudden I am being eviction after my landlord found out that I date black men and found out that one was staying with me. he told me that he did not care who I had living with me. for five years he did not care what went on here at my home. my boyfriend got sick and was running a tempt. and ended up losing his mind and rolling in the neighbors grass and the law was called and he went to the hospital the law followed him and they did a tox.screen on him and there was small traces of weed in his system b/c I had got him off drugs and they thought that they would find more than that in his system .. well I have lost my home my boyfriend and so forth and so on b/c of my landlord and now I have no money no place to go what can I do to be able to stay in my home till I get a new place . I will be homeless and do not want to live please help.

First of all, forget that race nonsense. Keep it real, it involves the police, a disturbance, and illegal drugs.

Besides, a landlord doesn't need to use that race junk to evict a tenant, there are other clever ways to do it.

So, let's discuss evictions in general, okay?

Before you can legally be removed from your living abode, you must be evicted.
That means only a judge can legally have your removed, or order you to leave.

Your landlord can ask you to leave, but that has no force of law.

You can say and do nothing, if the landlord asks you to move.

The landlord would then be required to serve you with formal notice to leave.

That has to be done a certain way, and certain time limits must be observed.

Eventually a county constable, city marshal, or deputy sheriff will serve you formal notice of the suit by giving you a subpoena.

Here, read these:

http://texastenant.org/eviction.html

This one is from Collin County, every county has such information online in Texas, Google yours or yoru city, if its Dallas, Ft. Worth, Houston, etc...:

http://www.co.collin.tx.us/justices_peace/evictions.jsp

This discusses Austin City:

http://www.housing-rights.org/evictions.html

 

[whitecandy32]

ok first of all that is what they put down for the reason they wanted me out on court papers .. I don't do illegal drugs and the only time that the law was called here is when my boyfriend was sick. so know before you speak on it . b/c the landlord came and talk with my other roommate and it was talked about him not liking colored people. it has been taken to court and I was given till the 28th of this month to be out b/c I don't have lease. I was told that I could file a appeal ?

 

[army judge]

ok first of all that is what they put down for the reason they wanted me out on court papers .. I don't do illegal drugs and the only time that the law was called here is when my boyfriend was sick. so know before you speak on it . b/c the landlord came and talk with my other roommate and it was talked about him not liking colored people. it has been taken to court and I was given till the 28th of this month to be out b/c I don't have lease. I was told that I could file a appeal ?

With a lease, or without a lease, the only legal way to get a person out is to evict them.

If an eviction is filed against you, you have a right to be present.

I suggest you Google "Eviction process MY COUNTY TEXAS".

Or, read the information in the links I provided you above.

If you were never served, you can't be evicted.

I don't know what was said, who said it, or what happened; but from what you told us, you have only been told by someone that you are being evicted.

Again, I suggest you familiarize yoruself with the eviction process in Texas.

Many local legal aid societies or agencies will provide you pamphlets and written information on evictions.

The local JP Courts and Municipal Courts also offer you information on eviction.

Educate yourself, hire a lawyer, or find another living situation ASAP.

Either way, you are vulnerable, and even if you fight this, it'll only delay it.

 

[mightymoose]

Agreed... regardless of the date the landlord gave you to move you are not required to leave until the court orders you out and that takes time.

If all you want it's more time to find a place, you likely already have it.

You received some kind of court papers, but have you actually had a hearing and been in front of a judge? It doesn't sound like it.

That said, come the 28th the landlord may take extreme measures and lock you out or otherwise force you from the property, but if he does so it will be illegal and he would end up owing you as a result.

 

[disagreeable]

I suspect what they put down is more likely something to the effect of.... Tenant is dating a black guy that started rolling around in the neighbors yard uncontrollably high on drugs. That is grounds to terminate the lease, whether he is black, white, red or green.

 

[Gail_in_Georgia]

"It has been taken to court and I was given until the 28th of this month to be out because I don't have a lease".

It appears this has already been through the court system and the request for the eviction has been granted.

Although (since the OP was on a month to month tenancy in the first place) why this ended up in court is unknown. Perhaps she failed to respond to the first notice regarding termination of her month to month tenancy, leaving the landlord no choice but to file against her as a holdover tenant.

Gail

P.S. For what it's worth, drug toxicology screens done in a hospital only check for the presence of the offending agent; they cannot determine whether the amount present is "large" or "small" in the system. The amount simply comes back as "positive" or "negative" for their presence.