![]() on the last day to file an appeal, then you have through all of the next day to file the appeal. If the justice court closes before 5:00 p.m. If the judge rules against you and says the eviction should still happen, you will then have 5 calendar days (count the weekend!) to appeal the judgment by either (1) paying a cash deposit as an appeal bond in the amount set by the justice of the peace or (2) filing a Statement of Inability to Pay Appeal Bond or Costs of Appeal in the JP court (check out the appeal page). If you show that you have followed the rules listed in the lease or the landlord has not given appropriate written notice, the judge should issue a judgment in your favor. The judge will then issue a judgment, saying whether the eviction is granted, the amount of rent you owe, and whether the park should get possession of the lot. At the hearing, you will appear before the judge and explain to the judge why you should not be evicted from your rented lot. When you go to the hearing, take all your rent receipts, witnesses, and other documents, which you will use as evidence. ![]() ![]() It’s really important to go to the hearing because you may be able to make an agreement with your landlord or win your case. If the mobile home community has been bought through foreclosure and your lease is with the previous owner, the Protecting Tenants at Foreclosure Act requires that the new owner honor the remaining term of the lease and give at least a 90-day notice to vacate before filing an eviction lawsuit.Īfter being given a copy of the lawsuit by a sheriff’s deputy or process server, you should read it over carefully and put the date of the hearing on your calendar.You do not have to move your mobile home unless the park manager has filed an eviction lawsuit and has obtained a judgment in the lawsuit and then has obtained another court order called a writ of possession for the lot. If the landlord claims the tenant has committed a non-rent breach of the lease, the landlord must give the tenant at least a three-day notice to vacate, unless the lease requires a different notice period, After this, you will still have time to respond to the landlord in JP court.(These all take place after the 3-day notice to vacate.) You do not have to move your mobile home unless the park manager has filed an eviction lawsuit, has obtained a judgment in the lawsuit, and then has obtained another court order called a writ of possession for the lot. After this, you will still have time to respond to the landlord in JP court. If the landlord claims you haven’t paid all your rent, the landlord will have to send you a written “delinquent payment” notice 10 days before giving you a 3-day notice to vacate.If the landlord is simply not renewing the lease, the landlord will have to give you a minimum of sixty days’ notice of intent not to renew.Before the landlord can file an eviction lawsuit, (called a “Forcible Detainer”) in a Justice of the Peace Court, they have to send you a notice: The law also provides specific procedures for sending certified letters to the park manager requesting that these conditions be fixed. Mandatory written disclosure to all applicants of the right to a minimum initial lease term of six months, along with a copy of the proposed lease and the community rulesĪdditionally, this law says that the park manager cannot retaliate against tenants for complaining about conditions that affect the health and safety of the park residents.Tenant’s right to sue the landlord for actual damages, a civil penalty in an amount equal to two months’ rent and $500, and reasonable attorney’s fees and costs for any violations by the landlord of Chapter 94 of the Property Code.Six months notice of intent not to renew the lease if the owner intends to change the land use.Ten days’ notice that rent is delinquent before giving a notice to vacate. ![]()
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