ABC13 Renter's Rights: What to do when you are facing eviction

HOUSTON, Texas (KTRK) -- Local eviction data from January Advisors says already this year, more than 10,000 people in Harris County have faced eviction.

Whether it's warranted or not, the eviction process can be complicated and stressful.

Texas tenants don't have many rights in the eviction process, but they do have some, and you should know what they are.

"I was kind of just nervous. What am I going to do?" a man explained to ABC13 at the eviction court.

Of the thousands of evictions filed in Harris County every year, sometimes landlords have a legitimate reason, and sometimes they don't, but at the first sign that there could be a problem, it is time to act.

"The number one suggestion I have for tenants is not to stick their head in the sand," Dana Karni, Litigation Director at Lonestar Legal Aid, said.

Karni said to talk with your landlord as soon as you know, there is a problem and see if you can work something out with them before the eviction case is filed.

If you work out a payment plan with your landlord, get it in writing. Text messages are OK, but the best way is to write it out and have both parties sign it.

Before an eviction can be filed, there are rules your landlord must follow.

Your landlord must give you a notice to vacate. It's typically three days, but it can be as short as 24 hours or up to 30 days. No matter the length, you are entitled to a court hearing before you have to leave.

Once you get your court date, show up and know that hearings vary by judge.

Sometimes, you'll have a chance to explain your situation, but when the dockets are long, your time in front of the judge will go quickly, and tenants can often expect to leave with a judgment eviction. If that's where you find yourself.

"If there's anything I would want a tenant to know about an eviction judgment from the justice of the peace court, it is that they are always entitled to an appeal," Karni explained.

You don't have to have a legal reason. You have the right to a new trial, but timing is critical.

As a tenant, you'll have five days to appeal an eviction.

"For $900 a month, and I refuse to live there with this house in this condition," renter Stanley Robinson explained.

If you're in a situation like Stanley Robinson's, who says the house he rents is in disrepair, you still have to pay your rent by law.

"We see this a lot, 'I've got mold. I've got rats in my unit. The hurricane blew the roof off. I'm not going to pay rent because of that. That doesn't exist in Texas,'" Karni said.

Remember, you have the right to have repairs done, but you can't withhold rent while you're waiting for them.

It is a good idea to know what your lease says about how long you will get notice if you fall behind on rent.

If you receive a housing voucher or the property where you live receives federal funding, you will have 30 days to vacate.

Also, keep in mind that not showing up to court is not going to benefit you. In fact, you should expect a default judgment.

Lonestar Legal Aid does outreach across our area. They show up at various eviction courts throughout the week, and if you see them, you can ask for help with your case on the spot. You can also ask in advance on their website.

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