landlord break lease

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tiger25

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I live in Texas and my landlord recently died. His wife is asking us to move out with 3 months because she cannot afford her mortgage at her currently house. I have a three year lease and just completed year one, never been late with rent or any other problems. Can she kick us out?? (my family)
 
I live in Texas and my landlord recently died. His wife is asking us to move out with 3 months because she cannot afford her mortgage at her currently house. I have a three year lease and just completed year one, never been late with rent or any other problems. Can she kick us out?? (my family)


No, you don't have to leave.
She can file an eviction, but she won't prevail (assuming things are exactly as you say).
You have two years left on your lease.
She may begin to refuse your rental payments.
If that happens, go to any bank and open a savings account.
Send her a letter (certified mail, return receipt requested) telling her that you have deposited the rnt into an interest bearing account because she refuse to accept the rent on [THE DATE AND TIME AND AT THE PLACE THAT OCCURRED].
Then continue to do so each and every subsequent month, sending the same letter each successive month.
Don't take one penny from that account.
If she sues, bring all of that money to JP court along with an accounting of the deposits and originals of ach letter and proof of those deliveries.
No JP is going to evict you, if you follow that to the letter.

In cases like these, some people agree in writing to leave she buys them out.
As an example, she might offer you $3,000, $5,000 to vacate early.
Whatever you do, get it in writing.

Or, see a lawyer.

Good luck.


 
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