File a motion to throw out case

[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.

In Texas LL/T law, yes three days only.

Notice for Termination With Cause
In Texas, a landlord can terminate a tenancy early if the tenant does not pay rent or violates the lease or rental agreement (for example, by having a dog when none are allowed or continually throwing loud parties). Before filing an eviction lawsuit, the landlord must first give the tenant a three-day notice to vacate. The landlord does not have to give the tenant the option to fix the violation or pay the rent. If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit with the court (see Tex. Prop. Code Ann. § 24.005).

 

[Zigner]

In Texas LL/T law, yes three days only.

Notice for Termination With Cause
In Texas, a landlord can terminate a tenancy early if the tenant does not pay rent or violates the lease or rental agreement (for example, by having a dog when none are allowed or continually throwing loud parties). Before filing an eviction lawsuit, the landlord must first give the tenant a three-day notice to vacate. The landlord does not have to give the tenant the option to fix the violation or pay the rent. If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit with the court (see Tex. Prop. Code Ann. § 24.005).

You need to cite your source when you copy/paste material. It's that whole copyright and credibility thing.

 

[FlyingRon]

You need to cite your source when you copy/paste material. It's that whole copyright and credibility thing.

He lost his credibility when he spouted incorrect information and without comment decides to post contradictory information.

 

[quincy]

He lost his credibility when he spouted incorrect information and without comment decides to post contradictory information.

Sufou has been reported several times. S/he may not be posting here much longer if the nonsense continues.

 

[HRZ]

THe OP may be wrong about a lot of things....but the LL needs to get all the steps of notice under Texas property Code. 24.005 correct. ( inc the post 2016 amendments ) and OP is far from clear if LL got notice right and the date sequence does not seem correct .

 

[quincy]

THe OP may be wrong about a lot of things....but the LL needs to get all the steps of notice under Texas property Code. 24.005 correct. ( inc the post 2016 amendments ) and OP is far from clear if LL got notice right and the date sequence does not seem correct .

Jcbwilliams can read the information in the live link provided earlier and seek advice at a landlord/tenant clinic if there is concern about proper notice. But, if there was problem with notice (and I don't see that there was), the landlord will make necessary corrections and then proceed with the eviction.

Although this can buy Jcbwilliams a little bit of time, it will not stop an eviction for nonpayment.