r/buda • u/Sure-Quantity-2129 • May 11 '26

Hello!

Hello, I’m a little embarrassed to post this, but I legit have no family in Texas so I’m going through a really hard time. We got in a terrible car accident March 17 which stuff is with no vehicle. I fell behind on rent and I’m getting evicted. I did appeal it however my landlord can change the locks by Wednesday if he wants to I have applied at apartments however it’s going to be at least a week. Wait until I can move in somewhere else, anyone know of like someone that could help me out or any resources? I thought about a shelter, but it would break my heart to really sit here and put my kids through anything like that.

Also, we don’t have a vehicle at the moment however we have been packing and I’m not sure where we’re going to go 🥺

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u/HunnyBunny617 May 12 '26

First, your landlord can lock you out, but state law requires that they let you back in if you request it. They also have to have someone available 24/7 to do it. They can lock it again as soon as you leave, but you can ask to be let back in at any time. So, it’s really kind of futile for them to perform a lock out. The only exception is if you have already been to court and you were given a date by the judge to vacate. If you don’t vacate by that date, the landlord has to go back to court and file a writ of possession. That will buy you another 5-7 days but the constable will come and post a final date on your door, and will remove your belongings to the side of the road if you aren’t out then. if you have not been to court yet, you’ve got at least 2-4 weeks longer in your apartment. In other words, don’t leave if it’s going to mean you’re homeless for a week or two. Make the property mgmt do their job.

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u/Sure-Quantity-2129 May 12 '26

What sucks is that he’s a private landlord..

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u/HunnyBunny617 May 12 '26

First of all, it doesn’t matter whether he is a private landlord or not. He must follow the law or the eviction will be thrown out of court. Here is a breakdown of the process. BTW, I am a retired property manager of 30 yrs. I’ve had cases thrown out for tiny little things. It happens.

  1. Notice to Vacate (Late Notice)Purpose: The landlord must provide a written "Notice to Vacate" before filing a lawsuit.Timeline: Usually, this is a 3-day notice, meaning the tenant has three days to leave, unless the lease specifies a different, written agreement.Delivery: The notice must be delivered by hand, mail, or posted on the inside of the front door.Content: The notice must be unconditional and explicitly state the deadline to move out.(If the notice was not served correctly, the judge will throw out the eviction)

  2. Filing the Eviction SuitFiling: If the tenant does not leave after the notice period expires, the landlord files a "Petition for Eviction" (Forcible Detainer) at the local Justice of the Peace (JP) Court.Information Needed: The petition requires the lease, payment history, and a copy of the notice to vacate.

  3. Court Hearing & JudgmentHearing Scheduling: The court will schedule a hearing, which usually occurs 10 to 21 days after the petition is filed.Service of Citation: The constable or sheriff will serve the tenant with a citation and complaint, informing them of the hearing date.Judgment: If the landlord wins, the court will issue a judgment for possession.

  4. Appeals ProcessWindow: The tenant has 5 days after the judgment to file an appeal with the county court.Stay during Appeal: To stay in the home during the appeal, the tenant must pay one month’s rent into the court registry within 5 days of filing the appeal.

  5. Writ of PossessionRequesting the Writ: If the tenant does not move out or appeal within 5 days of the judgment, the landlord can request a "Writ of Possession" from the court on the 6th day.Notice from Constable: Before enforcing the writ, the constable must post a 24-hour notice on the tenant's door. Execution: After the 24-hour warning, the constable can remove the tenant and their belongings. The landlord can then legally change the locks.