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Landlord took door off of my apartment

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msratliff

Junior Member
What is the name of your state? Texas

My rent was 3 days delinquent and my landlord came and took the door off. I called the police and he still would not bring it back. I had to go buy another one. He has since taken furniture, dinnette set, patio furniture, TV, DVD players etc. vaccum cleaner and other things from my apartment. What recourse do I have.

msratliff
 


Just Blue

Senior Member
What is the name of your state? Texas

My rent was 3 days delinquent and my landlord came and took the door off. I called the police and he still would not bring it back. I had to go buy another one. He has since taken furniture, dinnette set, patio furniture, TV, DVD players etc. vaccum cleaner and other things from my apartment. What recourse do I have.

msratliff
I would call the Health Dept. Not having a door is a violation of regulations. And file a police complaint for the theft.

BTW: Your LL is a moron...:rolleyes:
 

Alaska landlord

Senior Member
Though I couldn't get away with it these days, back in the late 80's I had a tenant that refused to pay his rent. I took of the front door and the police was called. The response given to the tenant was " You shouldof paid your rent" Depending on where OP lives and who are the authorities, the LL may be able to get away with it.
 

Just Blue

Senior Member
Though I couldn't get away with it these days, back in the late 80's I had a tenant that refused to pay his rent. I took of the front door and the police was called. The response given to the tenant was " You shouldof paid your rent" Depending on where OP lives and who are the authorities, the LL may be able to get away with it.
Whatta guy!...:rolleyes:
 

Alaska landlord

Senior Member
And damn the law! Huh?

BTW: I thank GOD!!! Everyday that I live in Massachusetts!
Better you than me!

Should you rent furniture from a rent-a-center and you miss too many payments they come and haul off their stuff. If you buy or lease a vehicle and miss too many payments they come and drive off with the vehicle. Rent a hotel room and don’t pay the bill? Right they kick your butt to the curve.

So why is it that landlords have to take it on the chin from non paying tenants? I will tell you. Politicians have figured out that tenants are a good source of votes and if you cater to them the politician can get re-elected.
 

Cvillecpm

Senior Member
Actually TX landlords have LOADS of rights including removing personal property when rent is deliquent....I'll pay devil's advocate and suggest you pay your rent...NOVEL IDEA!!!
 

FarmerJ

Senior Member
http://www.google.com/search?hl=en&q=texas+landlord+and+tenant go to the third link down Texas Landlord Tenant information.> Landlord’s Lien. A landlord’s lien is a state law that allows a landlord to remove a tenant's property from the rental unit in order to secure payment of delinquent rent. There must be a statement in a written lease, either underlined or in bold print, that allows the landlord the right to enter a rental unit and remove the tenant's personal property.

The rent must be delinquent in whole or in part in order for a landlord to seize any items. The law only allows a landlord to take certain non-exempt items such as televisions, VCRs, stereos, or computers. Furthermore, the landlord must exercise a lien peacefully, so if a tenant refuses to allow a landlord entry or to remove the items, the landlord cannot exercise the lien. When the lien is exercised, the landlord must leave a notice of entry along with a written inventory of the items removed. The landlord must promptly return the items as soon as all fees and rent are paid. The landlord can charge money for packing, removing, or storing the items but only if authorized in a written lease.>>> What Is An Illegal Eviction?
An illegal eviction occurs when a landlord illegally denies a tenant access to the rental unit or a tenant’s property is removed without a court order and the removal:


1. is not the result of abandonment and/or
2. is not the exercise of a landlord’s lien.

The landlord is also prohibited from removing a door, window or any mechanism connected to a door or window; or remove furniture, fixtures or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. If any of these items are removed and not promptly returned, this could be considered a constructive eviction and the landlord could be liable under the Removal of Property and Exclusion of Residential Tenant law.

If a landlord violates this law, the tenant can recover possession of the premises or terminate the lease. In addition, the tenant may sue the landlord for a civil penalty of one month's rent, $500, actual damages, court costs, and reasonable attorney's fees. >>>>>>>>>>>>>>>>ANY part of this you have trouble understanding try the links above to find a attorney to help you go over it , IF the LL has violated your states laws then the Attorney can at least advise you on how to best proceed.
 
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Chapter 54.041 of Tx property code covers landlord liens. The lease must clearly state that a lien is a possibility. It must be underlined or in bold print. The landlord can't take whatever he wants...there are exemptions.

Removing the door is a HUGE no no even in TX. Changing locks is okay if done properly.
Chapter 92.0081

http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm

And, I'll repeat a previously mentioned comment: your landlord is a moron.

It sounds like your landlord heard from Bubba down the block that it's okay to take stuff and take down the door...it'll scare the tenant to fork over Christmas money and become current on the rent.

Consult with an attorney; it doesn't sound like your landlord followed the law.
 
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