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Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)

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Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)
Jurisdiction
Texas (state)
Source
Official source

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Instructions for Defendant/Tenant’s Answer in Eviction Case (2024-12-12) Page 2
 the notice was not worded correctly. For more information on what a notice
must contain and how it must be delivered, read your lease, the FAQs and
Instructions for Notice to Vacate Prior to Filing Eviction Suit, and the Texas
Property Code § 24.005.
ii. Statute of limitations: If the landlord is trying to evict you for something that
happened more than 2 years ago, the landlord did not file this case in time.
Texas Civil Practices and Remedies Code § 16.003(a).
iii. No 10-day written notice to pay rent in a mobile home park: If you rent a
mobile home lot but not the mobile home, the landlord must give you 10
days’ notice to pay rent before filing the eviction. Texas Property Code §
94.206.
b. You did something timely that should prevent you from being evicted:
i. Rent paid: You are being evicted for not paying rent, but you timely paid the
rent that the landlord says you owe.
ii. Attempted to timely pay rent: You tried to pay rent on time, but the landlord
did not accept it.
iii. New Lease: You signed a new lease with the landlord after the date the
landlord says you violated your old lease.
c. The plaintiff who filed this eviction lawsuit does not have the right to evict you:
i. Not the Landlord or Authorized Agent: The plaintiff who filed this eviction is
not the landlord or landlord’s authorized agent of the property. Texas Rules
of Civil Procedure 500.4 and Texas Property Code § 24.011