Legal Assistance Day 2021 is on Friday, March 26, 2021: Is It legal?

Agoda

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Is It legal?

This is what I found so far. You can read more, if you'd like (best that you do) at the Source listed. I'm still looking... I'll be back to "edit" if I find anything else or not.

As I understand it, by Texas law, the landlord must give you 30 days notice to move out.

Also, you may want to contact the county law library or the (local) State Attorney's office. The State Attorney can tell you about the legal requirements for terminating your tenancy. Either may be able to provide names and numbers for free or low-cost legal assistance.

From:

Month-to-month (periodic tenancy) terminations

A month-to-month tenancy may be terminated by either the landlord or the tenant for ANY reason usually by giving one month's notice in advance. For example, if you get into a disagreement with your neighbor after he has a party late at night and you call the landlord to complain, the landlord could ask you to move in 30 days if you are in a month-to-month tenancy. Although the landlord might not be acting wisely, the landlord could legally terminate the month-to-month lease (you could also say that the landlord is failing to renew your lease at the end of the term). If you failed to move, the landlord would probably succeed in an eviction case unless you could prove that the landlord was actually illegally retaliating or discriminating against you. The landlord does not have to prove you broke the lease or a rule of any kind. The landlord is simply stating that it does not want to lease to you any longer and so long the proper amount of notice is given, the landlord is entitled to get the property back. See Eviction.

The notice can provide for termination on any day of the month, as long as the date of termination is at least one month from the date of the notice. If the notice terminates the tenancy on a day which does not correspond to the end of the month or the beginning of a rent paying period, the tenant need only pay for rent up to the date of termination. However, if rent is paid more than once a month, it is sufficient to give a termination notice only equal to the interval between rental payments. For example, if you pay your rent weekly, you or your landlord need give only one week's notice in writing in order to terminate the tenancy.

Exceptions to landlord's right to not renew a lease

The only possible exceptions to the landlord's right to terminate a month-to-month lease (or fail to renew a lease) is if the landlord is illegally retaliating against you as described in Retaliation or if the landlord is illegally discriminating against you as described in Discrimination. Even in these situations, a landlord may be successful in terminating your rights to possession and evicting you; however, you would still have a clear right to sue for wrongful eviction, actual damages, attorney's fees, statutory penalties and other damages. This may seem unfair, but you have the right to terminate a month-to-month lease in 30 days (or fail to renew at the end of the lease) for any reason and without exception. (See your lease to confirm the amount time that must be given. Some leases these days may require more than 30 days.)

[EDIT] Here an Attorney answers common Questions about Tenant's Rights in Texas:

At this site (noted below), there is this info:

A. Must you have a formal, written lease in order to rent an apartment?

A lease agreement may be oral or written and may be as formal or as informal as the parties want to make it. An oral lease is valid as long as it is for one year or less. Without a written lease, the law implies a lease for at least as long as the period between rent payments. Thus, if you pay rent every month, you have an implied month-to-month lease and you and your landlord must give at least a month’s notice prior to terminating the lease. On the other hand, a written lease is a good way to protect both the landlord and tenant by spelling out the relative duties of each in the event that unforeseen circumstances occur.

You should read this site (in part). At the bottom, it answers these questions:

D. May my landlord enter my apartment and take my property if I don’t pay rent?

E. May my landlord lock me out?

A. May my landlord simply throw me out if he or she wishes?

SITE (Source):

Will you please e-mail if I can do any more research? I really don't mind, but you may have your answer. I suggest you call the State Attorney's office for advice -- it may make you feel better and give you some confidence.

{Click on my name to go to my Profile. My contact info is there. Really, I'll be happy to help.)

Peace. And good luck.

[EDIT] Sorry, I couldn't leave it alone -- I thought you should have the Property Code (it is the most "legal" application):

PROPERTY CODE

TITLE 8, CHAPTER 91 (PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND

TENANTS), § 91.001(b) If a notice of termination[0] is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination[0]; or (2) one month after the day on which the notice is

given....

....(d) If a tenancy terminates on a day that does not

correspond to the beginning or end of a rent-paying period, the

tenant is liable for rent only up to the date of termination[0].

[EDIT] I want to make clear, in reply to what "thetoothfairyiscreepy" says below. If you pay your rent on a monthly basis, you are considered a "month-to-month" tenant. If you pay your rent every seven days, you are considered a "week-to-week" tenant. Because you are a month-to-month tenant the landlord must give you 30 days notice to move. Had you been a "week-to-week" tenant, seven days notice is sufficient. However, there are actions possible in eitehr case,; that is, exceptions. All this info is in the sites I gave you. Don't pay attention to the "toothfairy". [The type of tenant you are is determined by the frequency you pay rent.]

Peace. I hope all is going well. :)

Need legal assistance....?

Need legal assistance....?

You engaged some crock lawyer who rather than getting you married to the man you love under the Special Marriage Act,1954 filled for (as you state here) Writ Petition of Habeus Corpus on your behalf against your mother/other relatives.

I still unable to understand when you are free to meet the women commission and this lawyer whom you paid Rs15000/- how you can be said to be in illegal confinement of anyone against whom the Writ Petition of Hebeus Corpus was filled in the High Court.

This Writ Petition is being filled if the person in question is kept in illegal confinement unable to appear in person in the court or any where else and on being satisfied about the fact the person is untraceable or is in illegal confinement, the authorities directed to produce the person in the court by the Hon'ble High Court, this doesn't seems the case here.

You along with the man in question should contact the Marriage officer of the District where you both or either of you reside and give notice for marriage under the Special Marriage Act,1954. This 30 days notice is given for any person to raise any objection against the marriage for non fulfilment of the four valid conditions for such marriage and which I can understand is not so in your case. You both seems to be of marriageable age, fit mental condition, both seems to be having unmarried marital status and not related to each other within prohibited relationship, hence no objection only on the basis of difference of religion be entertained by the marriage officer and so he will marry you both under this Act.

Once you are married your mother or any other relative will not be able to do anything rather you should file police complaint against them for threat of life to you both if they do so.

Where can I get legal assistance?

Where can I get legal assistance?

I've got answers, but I'm not sure you are going to like them honey. First of all this is not going to be easy by any stretch of the imagination. You have visitation, she ups and moves and he didn't file contempt back then? That's a problem. He should have filed kidnapping charges the minute she didn't show up for visition with his son. The lack of action, from a court's point of view, looks more like a lack of concern. Now that's just one hill to get over. The second, would be the age of this child. If he's 8 or 9, he's going to be an emotional mess over this. It's going to be a huge adjustment going from having no dad to having super dad. There's going to be alot of confusion and it's a delicate balance that you'd have to play by not blaming his mother (even if it was her fault) because that's the one he's closest to and anyone knows that when you attack a child's parent, the child ends up resenting the one who places blame on their parent. If you are still with me so far, and willing to go the extra mile, this is the easier part. Getting visitation established again is going to have to start with the mother. If she refuses, threaten court. Chances are she's not going to want to go that route....especially if she loves her son. She'll want to do this slowly and that's how it should be. SO suck up whatever you have to and grin and bear it until you have bonded enough with this child to take him for visitation. Once that is established....then you go to court. And this you can do on your own. Go to your states' website, click on the court system icon and then click on down loadable forms (every state has them and they are free) You will search through the family court papers for one called "modification of visitation" Or just a simple modification order. Then fill in your language. Make sure you put in there that you strongly urge the mother not be allowed to remove the minor child within 300 miles of your residence without court permission. (prevents her from leaving again) and sight the past history as your grounds. then request any other sort of visition arrangement you think would be fair and IN THE BEST INTEREST OF THE MINOR CHILD. I have to emphasize that because this little boy has siblings, another family the mother has denied him off, and when you state those exact words, the courts like to see that you are putting his son's best interests first. Then take those papers, have them notarized and make four copies. Take them to your county courthouse and pay the filing fee. The clerk will date stamp them all, keep one and hand you back three. Take those three down the local sheriff's dept. to have the mother served (it's the cheapest way), they will ask personal info on her (car, license plate #, job, etc and physical description) you'll pay another small fee ($25-$50) and they will take two copies. You have one left for yourself for court. Once the mom is served the sheriff's dept will send you one copy that will be date and signed by the sheriff who served her. Bring that to court with you. You must have it as proof of service. Then show up at your court date and state your case. You've got alot of information here to back you up on your request. It should be pretty cut and dry if there are no back ground problems.

I've seen this a dozen times and it works nine out of ten. Lawyers only muck things up ten times worse than they need to be. Tell your husband to keep his chin up. One day that little boy will grow up. It's better for his son to know that he tried, than it would be for him to know his father did nothing.

Agoda
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