Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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(if the tenant contests the eviction in court the burden is on the landlord to prove that the proper notice to vacate was given.) Unless your lease specifically states otherwise, the law requires you deliver the written notice, and then wait three full days before filing the eviction with the court.
(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord cant evict you and tell your side of the story at a court trial.
For example, a property manager cannot simply decide to evict a tenant on a whim. There must be a valid reason, such as not paying rent or violating the lease agreement. Even then, the property manager must follow a strict legal process, which includes providing notice to the tenant and, in some cases, going to court.
FORCIBLE ENTRY AND DETAINER. Sec. 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.
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Sec 24.005 (a) (b) (c) Written noticeана3 days to vacate unless lease calls for shorter or longer time. Sec 24.005 (d) If tenant took possession by Forcible Entry (just moved in) notice may be written or oral to vacate immediately. If the eviction is a result of a foreclosure, the notice must be 30 days.
A forcible entry and detainer action is used to remove a person from a property who never had a right to be there. In other words, there was never a landlord-tenant relationship between the person entitled to possession of the property (the landlord) and the intruder/trespasser.

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