File a motion to throw out case

[Kcbwilliams]

What is the name of your state (only U.S. law)? Texas

I was served with an eviction petition to be at a trial in a few days. My landlord filed for an eviction the following day after posting a 3 day notice on my door. Is that grounds for asking the judge to throw it out because he did not follow the eviction steps legally? Also my landlord made an error by saying i owe rent from the day I signed the lease (a year 1/2) ago) instead of the correct months. He must have thought it was asking how long was the least not how long has it been since non-payment.
The reason I stopped paying rent is because he refused to fix the leaking/molded roof. He lived in Asia and lied on his petition saying he served me 2 months ago but he just came back to the States a few weeks ago. I need help with trying to get more time for my family and I to move out.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

I was served with an eviction petition to be at a trial in a few days. My landlord filed for an eviction the following day after posting a 3 day notice on my door. Is that grounds for asking the judge to throw it out because he did not follow the eviction steps legally? Also my landlord made an error by saying i owe rent from the day I signed the lease (a year 1/2) ago) instead of the correct months. He must have thought it was asking how long was the least not how long has it been since non-payment.
The reason I stopped paying rent is because he refused to fix the leaking/molded roof. He lived in Asia and lied on his petition saying he served me 2 months ago but he just came back to the States a few weeks ago. I need help with trying to get more time for my family and I to move out.

Did you receive any notice of nonpayment prior to the 3 day notice?

Here is a link to the eviction process in Texas: http://www.texastenant.org/eviction.html

 

[Kcbwilliams]

No. He lied and said he put a notice on the door. He was living in Asia the time he said he did.

 

[Kcbwilliams]

That's what he have on the petition

 

[quincy]

No. He lied and said he put a notice on the door. He was living in Asia the time he said he did.

There WAS a 3 day notice posted on your door, though, right?

Your landlord never sent you notice that you had not paid rent, this when you were withholding it?

 

[Kcbwilliams]

Yes. He did put a 3 day notice but it was the only written notice I've received. Then he filed with the courts the following day not allowing me to fix it even though that was an option on the petition. Didn't he file too soon (improper notice)?

 

[Kcbwilliams]

Also it just said 3 day notice without and exact date or time to vacate the premises or pay.

 

[quincy]

Yes. He did put a 3 day notice but it was the only written notice I've received. Then he filed with the courts the following day not allowing me to fix it even though that was an option on the petition. Didn't he file too soon (improper notice)?

Not from what I've read. The posting of the notice is the first step that a landlord must take in the eviction process.

Read through the information in the link provided above. You can argue insufficient notice but that will only work to delay what appears to be an inevitable eviction.

You can speak to an attorney at a landlord/tenant clinic if you believe you have good reason to argue the eviction.

Good luck.

 

[Sufou]

What is the name of your state (only U.S. law)? Texas

I was served with an eviction petition to be at a trial in a few days. My landlord filed for an eviction the following day after posting a 3 day notice on my door. Is that grounds for asking the judge to throw it out because he did not follow the eviction steps legally? Also my landlord made an error by saying i owe rent from the day I signed the lease (a year 1/2) ago) instead of the correct months. He must have thought it was asking how long was the least not how long has it been since non-payment.
The reason I stopped paying rent is because he refused to fix the leaking/molded roof. He lived in Asia and lied on his petition saying he served me 2 months ago but he just came back to the States a few weeks ago. I need help with trying to get more time for my family and I to move out.

You can't just stop paying rent for that. There are other legal steps to take, mold is a health hazard.

 

[quincy]

You can't just stop paying rent for that. There are other legal steps to take, mold is a health hazard.

Interesting. What are the other legal steps that must be taken?

 

[FlyingRon]

Interesting. What are the other legal steps that must be taken?

Actually there are no steps. There's no provision to outright withhold rent in Texas. There's a limited provision for "repair and deduct."

 

[quincy]

Actually there are no steps. There's no provision to outright withhold rent in Texas. There's a limited provision for "repair and deduct."

I know.

Sufou had been posting a lot of nonsense on the forum. I wanted to see if Sufou could explain what she meant by "legal steps." I didn't really expect her to be able to do so.

 

[not2cleverRed]

I know.

Sufou had been posting a lot of nonsense on the forum. I wanted to see if Sufou could explain what she meant by "legal steps." I didn't really expect her to be able to do so.

Indeed.

Perhaps she needs to add more eggnog to the rum...

 

[quincy]

Indeed.

Perhaps she needs to add more eggnog to the rum...

Hahaha. That might work to improve the quality of future postings. It certainly couldn't hurt.

 

[Sufou]

What is the name of your state (only U.S. law)? Texas

I was served with an eviction petition to be at a trial in a few days. My landlord filed for an eviction the following day after posting a 3 day notice on my door. Is that grounds for asking the judge to throw it out because he did not follow the eviction steps legally? Also my landlord made an error by saying i owe rent from the day I signed the lease (a year 1/2) ago) instead of the correct months. He must have thought it was asking how long was the least not how long has it been since non-payment.
The reason I stopped paying rent is because he refused to fix the leaking/molded roof. He lived in Asia and lied on his petition saying he served me 2 months ago but he just came back to the States a few weeks ago. I need help with trying to get more time for my family and I to move out.

Hi if you Google your state and laws on mold, you will find you had other options besides taking it upon yourself to withold rent.

https://www.nolo.com/legal-encyclopedia/mold-rentals-landlord-liability-responsibility-prevention-30230.html