Problem with lanldlord

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Latest post 01-16-2013 8:55 PM by Drew. 12 replies.
  • 01-14-2013 1:00 AM

    Problem with lanldlord

    we rented this house from an older couple who seemed really nice and trust worthy...well a month into us living here it has turned out that these people are mean, nasty, and wont repair anything on the home. They were supposed to have the carpets cleaned before we moved in, they didnt. there is a strong pet odor coming from the hall way so finally they had the carpet cleaners come. well they refused the odor remover, stating that they never had dogs in the house. i paid the exta money..whatever. anyway the carpet guys were saying that they have cleaned them a long time and she had 2 small dogs here that ***angry in the hall where the smell was coming from! i called the lady and told her that i paid the extra and she exploded on me calling me a liar that she didnt have dogs in the house and that the carpets were brand new (bull ***) she then refused to speak to me and demanded to speak to my husband. i then put him on the phone, he spoke with the guy. he told my husband we were liars and that they were not going to do anything about the carpets and if we didnt like it we could move out. my husband said ok and then hung up the phone! i am so ***angry i am literally shaking. i dont have the money to come up with rent, deposit, and pet deposit...again seeing as i just gave all of that to them a month ago!! Is there anything i can do to at least get my deposit back and get out of the lease. I just cant live in a home owned by people who are going to treat me like this. oh and did i mention i am 34 week pregnant. 


  • 01-14-2013 1:21 AM In reply to

    Re: Problem with lanldlord

    texasgirlstef:
    he told my husband we were liars and that they were not going to do anything about the carpets and if we didnt like it we could move out. my husband said ok

    Bad idea, moving out based on that conversation. You'd be the ones breaching the lease and they'd never admit saying that.

    texasgirlstef:
    Is there anything i can do to at least get my deposit back and get out of the lease.

    Before you do anything else I suggest you both study the TX landlord tenant statutes and know your rights.

    http://law.justia.com/codes/texas/2009/property-code/title-8-landlord-and-tenant/

    Once you have educated yourself make sure you start communicating with the landlords in writing and follow (to the letter) any of the procedures outlined in the statute.

    The more you lay out a paper trail and demand that they comply with their statutory obligations, the more ammunition you'll have if you have to take them to court or if they take you to court.

    If you do have to talk to them I suggest you record the conversations. It's legal to do that in TX.

    http://www.rcfp.org/reporters-recording-guide/state-state-guide/texas

    texasgirlstef:
    I just cant live in a home owned by people who are going to treat me like this

    Unfortunately, you are probably stuck there for a while.

    texasgirlstef:
    oh and did i mention i am 34 week pregnant. 

    Sorry, but from a legal standpoint that's not relevant.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-14-2013 1:42 AM In reply to

    Re: Problem with lanldlord

    Thank you for your feedback. I know my pregnancy has no legal relevance it just makes me more emotional. Can they evict us for this? I guess my biggest fear is they come over and kick us out with no notice. I'm scared and don't know what to do

  • 01-14-2013 7:51 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,509

    Re: Problem with lanldlord

    Suggestions from retired LL--agree with adjuster jack

    Do you have written or oral lease--your post is not clear?

    Hard for LL to win an eviction just because you insisted on a clean place

    Hard now for either side to win a debate about were the carpets smelly to point of making place less than habitable

    Read the TX statutues , pay attention to language about ways to make LL address needed safety repairs.

    If there are significant issues that  impact safety --focus on there --pictures-written requests to get problems solved etc, keep copies  --repost if you have examples.

     

    Either side has right not to renew lease --thats different than an eviction ---pick your battles with care  and don't give LL free ammunition such as not paying rents

     



  • 01-14-2013 10:11 AM In reply to

    Re: Problem with lanldlord

    texasgirlstef:
    Can they evict us for this?

    No.

    Not without a "legal" reason and not without proper process.

    texasgirlstef:
    I guess my biggest fear is they come over and kick us out with no notice

    That's illegal.

    texasgirlstef:
    I'm scared and don't know what to do

    Read the statutes.

    Knowledge is power.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-14-2013 7:20 PM In reply to

    Re: Problem with lanldlord

    i have read the statutes, dont quite understand them. The only thing i could really use against them is that there are no dead bolts on the doors leading to outside, and the name on the lease is the lady and her name only but the guy is the one who signed it. they are not married so technically i dont think our lease is valid since her signature is not on it. can i use this to get my deposit back and get out of the lease?

  • 01-14-2013 7:32 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
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    Re: Problem with lanldlord

    Ulikely that absent dead bolts will fly as an accuse to break lease....LL might be smart to put them in, law generally favors a cure

    its possible that her 5th cousin could have signed for her but if they had apparent authority they bound her to the deal and you dot get a free excuse there either.



  • 01-14-2013 7:39 PM In reply to

    Re: Problem with lanldlord

    then what would be the best way to get me away from these people. i dont feel safe or comfortable in my home and i want out!

  • 01-15-2013 1:25 PM In reply to

    Re: Problem with lanldlord

    If you have a written lease, the terms and conditions under which you can terminate the lease are contained in that lease. 

  • 01-15-2013 1:32 PM In reply to

    Re: Problem with lanldlord

    A guy having signed a friend/family member's name wouldn't invalidate your lease.  It doesn't matter that they aren't married if he signed her name with permission or his own name as her agent.

    I don't see a "not safe" argument, and you're free to write to the landlord to demand that they acknowledge your right to a rent reduction after you address the lock issue (which you're free to do under Texas law).

    Other repair issues involving health-safety might be something you can ask a court to invalidate lease on, after you've sent landlord notice in writing that she needs to address and she refuses. 

    Unless carpet cleaning is in the lease or an addendum to it, you're out of luck there except if it's in writing otherwise (say text) that you can possibly go after reimbursement for having addressed it yourself.

    Easy enough to establish the carpets were used/old of whatever duration against her claim that they were "brand new".  (Even if they were, that wouldn't mean pet smells couldn't emanate/rise up from the padding, if not replaced ... or even then the subfloor depending how bad the problem was.)

    "i dont have the money to come up with rent, deposit, and pet deposit..."

    Don't know what to tell you -- you'd have to "come up with" it regardless of whether there were any issues here and you wanted to move.  (It isn't as though a landlord has to give you back a deposit before you leave vs. send out within 30 days after you vacate.  Sounds like someone needs to save up or get an extra job so that you're ahead of the game in future.)

    "I just cant live in a home owned by people who are going to treat me like this."

    Of course you can (take a breath and think about it)... and it isn't as though you're obligated to talk with the landlord or her agent at any rate.  You can do everything via writing as well.

     

  • 01-15-2013 1:41 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
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    Re: Problem with lanldlord

    You are unwise to assume you can easily break a lease --that said if you take a look at the TX codes dealing with LL required security measures and follow your side of the requirements to a T you can probably get you way as to security devices -just make clear writtend demand that LL fix lock on door A and door B and window  E,F,G  etc,, repeat --especially if LL ignores the law....



  • 01-16-2013 3:12 PM In reply to

    Re: Problem with lanldlord

    ok the update on this is that we just recieved a certified letter stating that because the rent was paid on the 2nd of jan instead of the 1st (bank was closed) that they are kicking us out they said "by texas state law i only have to give you three days to leave however i will give you extra time and i want you out of my house in 10 days" 

    oh my god i am freaking out!

  • 01-16-2013 8:55 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,509

    Re: Problem with lanldlord

    I.m not in TX nor a lawyer...but as an old LL I can suggest being one day late in not going to give LL an easy way to boot you. Unless your lease and TX law say otherwise, in general to promptly pay cures the fault. Did ll return the check..I,ll bet not!

    Check for what TX law says....



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