Eviction

Legal Resources

• Defenses Against Eviction

  Once you receive the notice to vacate and even before you receive the notice from the constable for your court hearing, you should consider whether you have any defenses available to the eviction suit. In a nonpayment of rent eviction case, the Justice of the Peace will not consider most cases of hardship (e.g., car breaking down, being in the hospital, losing your job). Read More

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  Texas RioGrande Legal Aid

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• Eviction Appeals to County Court

  If the Justice of the Peace (J.P.) judge rules against you in an eviction case and signs a Judgment for your eviction, you have the right to appeal. If you do not appeal the decision of the J.P. within five days and you do not move out, your landlord can ask the J.P. for a ?writ of possession?, which allows the constable or sheriff to give you a 24-hour warning and then to supervise the removal of your family and your belongings from the premises. Read More

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  Texas RioGrande Legal Aid

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• Eviction from Mobile Home Parks

  If you own your mobile home and are renting a lot from a mobile home park, you have additional protections if you face the threat of eviction. Of course, you should try to talk to your landlord to see if you can resolve your differences. Your interest may be better served if you work something out without having to go to court. Read More

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  Texas RioGrande Legal Aid

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• EVICTION PROTECTIONS FOR TENANTS AFTER FORECLOSURE

  If you are a tenant in a house that has been foreclosed, federal law (the "Protecting Tenants at Foreclosure Act") requires the new owner after a foreclosure sale to allow you to occupy the property until your lease expires. There are three exceptions to this rule. Read More

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  Texas RioGrande Legal Aid

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• Evictions in Justice of the Peace (J.P.) Court

  If you are being threatened with eviction, you should try to talk to your landlord to see if you can resolve your differences. Your interests may be better served if you work something out with the landlord without having to go to court. Read More

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  Texas RioGrande Legal Aid

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  English

• Retaliation

  Retaliation is when the landlord wrongfully takes action against a tenant for exercising their rights. Read this to find out when retaliation is illegal and what you can do if your landlord wrongfully retaliates against you. Read More

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  Texas RioGrande Legal Aid

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  English