Harassment by landlord

[SRHookEm]

What is the name of your state?TX

We have filed Ch 7 on the same day our landlord received a "Writ of Possesion" from the local JP. I am filing my CH7 documents with that court tomorrow morning (Monday).

We have already been preparing to move from this house. We have signed contracts on another property for a lease/purchase and have even started painting the interior of the new house. Yesterday, the landlord at our current house contacted the owners of the house we are moving to and told them all about late payments--some true, most not--and is trying to get them to back out of our contract. Earlier that day, he was walking in and around our front and backyard, looking in windows and taking pictures.

He has been notified of our bankruptcy last week. I have some questions:

1) When we give the notice to the JP court tomorrow (Monday) morning, will that notice stop the "Writ of Possession"? The constable has not posted the notice with a time yet but I think they will tomorrow (Monday).

2) How do I make sure that they don't bring movers over in 24 hours and start taking our property out? Our movers cannot get us out until May 2.

3) How can I stop the harrassment from the landlord? I am fairly certain that attempting to keep us from getting another house is illegal. But can he just call everyone and bad talk me? Is this something that I need to address with the Bankruptcy court or to the JP court?

4) Can I (or should I) get a restaining order against him? If so, how do I do that in Houston, TX?

Please help! We are ProSe filers and don't have an attorney at this time. I also have two young kids at home that are terrified of this man. He has been nasty since the day we moved here. We have always made our payments until an emergency forced us to Chapter 7.

Help!

 

[south]

Sorry to hear you are about to stiff a load of creditors for money they have lent you, and sorry to hear you have stressed out a landlord to a point where he had to file a ‘Writ of Possession' he must be very desperate to get his property back poor guy, then on top he hears you are filing BK he must be pulling his hair out.

Good to hear the landlord has the decency to warn the new landlord of the way you operate.

I think situations like this suck for the owners and then you ask other owners for advice.

Here you go free advice

Pay your bills when people trust you with loans and their property and stop trying to find angles to stiff people.

What is the name of your state?TX

We have filed Ch 7 on the same day our landlord received a "Writ of Possesion" from the local JP. I am filing my CH7 documents with that court tomorrow morning (Monday). You must be very proud of your self
We have already been preparing to move from this house. We have signed contracts on another property for a lease/purchase ANOTHER VICTIM COMMING UP and have even started painting the interior of the new house. Yesterday, the landlord at our current house contacted the owners of the house we are moving to and told them all about late payments--some true, most not--and is trying to get them to back out of our contract. Earlier that day, he was walking in and around our front and backyard, looking in windows and taking pictures.

He has been notified of our bankruptcy last week. I have some questions:

1) When we give the notice to the JP court tomorrow (Monday) morning, will that notice stop the "Writ of Possession"? The constable has not posted the notice with a time yet but I think they will tomorrow (Monday). NO

2) How do I make sure that they don't bring movers over in 24 hours and start taking our property out? Our movers cannot get us out until May 2. GET OUT

3) How can I stop the harrassment from the landlord? GET OUT I am fairly certain that attempting to keep us from getting another house is illegal. But can he just call everyone and bad talk me? YES HE CAN INFORM ITS ALL TRUE Is this something that I need to address with the Bankruptcy court or to the JP court?

4) Can I (or should I) get a restaining order against him? If so, how do I do that in Houston, TX? LMAO FOR WHAT GET OUT
Please help! We are ProSe filers and don't have an attorney at this time. I also have two young kids at home that are terrified of this man. THEN GET OUT He has been nasty since the day we moved here. We have always made our payments until an emergency forced us to Chapter 7. SO WHAT YOU ARE NOT PAYING THEM NOW

Help!

 

[SRHookEm]

Again, we're not trying to keep the property. I am moving out. He is going to get his money.

I didn't make the laws. I CAN use them however and he must abide by them as well.

Thanks for the help.

 

[south]

The landlord has the right to do everything he can to get his property back from a bad tenant, he also has the right to warn others that you are a bad tenant.

You owe him money and you are sitting in his property, then he hears you have declared a BK the guy wants you out stop being an as@hole about the law, you are in the wrong you need to get out and stop trying to ruin other peoples lives.

I have zero patience for this kind of tenant.

Again, we're not trying to keep the property. I am moving out. He is going to get his money.

I didn't make the laws. I CAN use them however and he must abide by them as well.

Thanks for the help.

 

[SRHookEm]

Actually, he has no right to interfere in a contract between two other parties. This is "tortuous interference" and since he has faxed the owners, real estate agents and neighbors, he has set himself up for a lawsuit at the least and possibly criminal charges at most.

Harassment is a crime--it doesn't matter if I owe him money or not.

Also, to be clear, he is not the owner of this house. Just a manager. And like I stated before, we are moving out and we have given him notice that we are moving out. The bankruptcy had nothing to do with the eviction.

 

[south]

Blah Blah Blah ..... What interference he is notifying other owners that you owe money, he is contacting other people perhaps to build a case against you; who knows.

Or do you think you can screw one person over and he has to keep it a big secret and not tell the next possible victim/s or simply not tell anyone at all what you have done or what you do?

Actually, he has no right to interfere in a contract between two other parties. This is "tortuous interference" and since he has faxed the owners, real estate agents and neighbors, he has set himself up for a lawsuit at the least and possibly criminal charges at most.

Harassment is a crime--it doesn't matter if I owe him money or not.

Also, to be clear, he is not the owner of this house. Just a manager. And like I stated before, we are moving out and we have given him notice that we are moving out. The bankruptcy had nothing to do with the eviction.

 

[Who's Liable?]

Blah Blah Blah ..... What interference he is notifying other owners that you owe money, he is contacting other people perhaps to build a case against you; who knows.

Or do you think you can screw one person over and he has to keep it a big secret and not tell the next possible victim/s or simply not tell anyone at all what you have done or what you do?

While it does suck the LL is being screwed, it is every persons LEGAL right to declare Bankruptcy no matter WHAT the reason. You're just going to have to get over it! Not everyone files BK because they are bad people.

As for the tenant, you can head down to your local police department and see what they say. If the LL is truley harrassing you, you might be able to get a protective order. It all depends on what the police say. Once the write of restitution is served, it's usually 3-days(in most states) before they physically can force you out with a Marshall... SO be prepared to leave. If you can, take everything out right away as the LL has the right to hold your possessions until you pay what is due.

As for the new LL, simply tell them the truth from your end. It is up to the new owner to decide whether or not you are allowed to rent from them. If they decide they do not want to rent to you, ask them why, if they state it's becuase of the BK that the previous LL informed them of, you may or may nto have a libel case.

 

[JETX]

1) When we give the notice to the JP court tomorrow (Monday) morning, will that notice stop the "Writ of Possession"?

Yes. Your filing with the bankruptcy puts an automatic 'stay' on any actions against you.... as correctly noted by LIR.

2) How do I make sure that they don't bring movers over in 24 hours and start taking our property out? Our movers cannot get us out until May 2.

There is really no way to prevent the landlord (or anyone else) from removing your property.... other than it would be illegal to do so.
You have FULL rights of tenancy until either your lease ends, or you agree to terminate, or the court orders same. Until then, you have the same 'rights' to security as any other paying tenant.

3) How can I stop the harrassment from the landlord?

You can't. The landlord has the right to take whatever LEGAL action he/she wants. And nothing in what you describe is prohibited.... or harassment.

I am fairly certain that attempting to keep us from getting another house is illegal.

As long as what is being told is correct, it's not 'illegal'.

But can he just call everyone and bad talk me?

Yep. Just as anyone else can. It is called 'free speech'.

Is this something that I need to address with the Bankruptcy court or to the JP court?

Of course you can.... but it won't change anything.

Can I (or should I) get a restaining order against him?

You can certainly request one... but as noted above, there is nothing illegal or prohibited so your request will likely be denied.

If so, how do I do that in Houston, TX?

Contact the local justice court and file a lawsuit.

 

[south]

The tenant is pissed because the landlord after finding out about a BK and still being in possesion of his property has informed the new owner of the history of the tenant.

Hardly libel when its all true.

While it does suck the LL is being screwed, it is every persons LEGAL right to declare Bankruptcy no matter WHAT the reason. You're just going to have to get over it! Not everyone files BK because they are bad people.

As for the tenant, you can head down to your local police department and see what they say. If the LL is truley harrassing you, you might be able to get a protective order. It all depends on what the police say. Once the write of restitution is served, it's usually 3-days(in most states) before they physically can force you out with a Marshall... SO be prepared to leave. If you can, take everything out right away as the LL has the right to hold your possessions until you pay what is due.

As for the new LL, simply tell them the truth from your end. It is up to the new owner to decide whether or not you are allowed to rent from them. If they decide they do not want to rent to you, ask them why, if they state it's becuase of the BK that the previous LL informed them of, you may or may nto have a libel case.