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How to Defend Your Eviction

RERA, "reshape and revive" is one of the leading rental property publications in the country. The idea behind Rera is that an owner (landlord or tenant) may wish to make necessary repairs prior to renting out a unit to a new tenant, but would prefer to wait until the end of the rental agreement to perform those repairs. In a twist of fate, the tenant decides to occupy the unit before the landlord has had a chance to perform any needed work. The Landlord's attempts to collect rent from the Tenant are met with delays, fines, and eviction notices.

 

When a possession order is issued by the court, it is referred to as a "writ of possession." The legal basis for the possession order is that the tenant has failed to pay for the rent on the property and is in default of the lease agreement. "Travis County Texas," the state's capital, is the location where most property owners live. The state of Texas is a landlord-tenant state. The state's laws are much like the federal laws except for the variations in state law terminology. To protect its interest as a landlord, the state sets various rules and regulations that govern property owners.

 

The state requires that a landlord preserve and maintain the physical condition of the property. This means that the landlord must not allow the structure or foundation of the property to deteriorate or become unsafe. Additionally, the landlord must hold all necessary permits and licenses for the operation of the property. All inspections must be performed by a licensed contractor, and the property owner must conduct regular inspections to assure that the premises are in compliance with all local and state laws.

 

Most often when a tenant is evicted for nonpayment of rent or is given a possession order, the landlord will attempt to collect rent from the earliest date possible. To make this happen, many property owners will delay the notice of eviction or hold onto the rent longer than required by the state laws. In some cases, the property owner will also try to hold onto the tenant's deposit. The idea here is to delay possession so that the property can be searched for goods or valuables that might be stolen from the property.

 

If you do find something that might be lost or stolen, you will need to notify your landlord/landlord. A court may issue an eviction order once the notice of possession has been received. If the tenant is unable to remove the goods or items from the property, the court may issue an eviction order. It is important to note that tenants are advised to seek legal counsel when faced with eviction proceedings. They should always consult with experienced legal counsel prior to attempting to defend their property in court.

 

It is common for a landlord to enter into a hold over agreement. A hold over agreement gives the landlord the right to enter the house after hold over possession or the statutory period expires. Hold over agreements may be used for quick evictions or to buy property quickly. In Texas, it is very common for the court to issue a possession order and for the tenant to be removed from the property within a few days. It is always recommended to seek a lawyer with experience in the area of property law and who can advise you on your rights and obligations while being evicted from your home.