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Landlord's wife threatening to evict

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rrruuunnn

Junior Member
What is the name of your state? Texas

the landlord was going to divorce his wife. she claims that she won the rental house during the divorce. but they have not divorced yet. both the original landlord( husband) and the supposedly new landlord( wife) want to collect the full rent. who do i pay the rent?
 


Cvillecpm

Senior Member
Until wife gives you a copy of the court order * signed by the judge * that she owns the house, you pay the landlord listed on your rental agreement by CHECK or CASH with signed receipt so you can prove you paid the rent.
 

Who's Liable?

Senior Member
Until wife gives you a copy of the court order * signed by the judge * that she owns the house, you pay the landlord listed on your rental agreement by CHECK or CASH with signed receipt so you can prove you paid the rent.
X2 I would start sending it CRR from now on just to be EXTRA sure they get it. Tell the wife to pound sand if she starts demanding the rent or threatens an eviction. I would even get a restraining order against her if she starts to pester you.
 

rrruuunnn

Junior Member
thank you, but?

ok guys, thanks for yalls input. it is now 6 days til rent due.

but we told the landlord's wife that we needed to see the court order. she claimed that the property is "community owned." she showed us the tax receipt with these words printed on it "Certified Owner: Gonzales Juan M and WF Genevieve B." she claims that she, Genevieve B Gonzales, is partial owner. yet, the rent agreement only mentions the husband's name, Juan M Gonzales. she admitted that the divorce proceeding is not over. and she is threatening to evict once she becomes owner.

if she does get ownership, she can't legally evict tenants for this reason, right?
 

ecmst12

Senior Member
If you are month to month, she can give you notice to move whenever she becomes owner. If you have a term lease, she will have to wait until the end of the term.

This dispute is between the two owners of the house - it has NOTHING to do with you and you should continue to send payments to the name on the lease. When the court orders ownership to officially change hands, THEY will decide if the husband needs to turn over any past rent money to her.
 

Cvillecpm

Senior Member
Tax receipt is not a co-owner...her being on title is not the issue - if she is not who the lease designates as the landlord and who receives the rent, pay her husband until/unless she provides a signed order recorded with the court that awards title to her.

Pay rent as you normally do. DO NOT SEND IT CERTIFIED RETURN RECEIPT REQUESTED. If you mail your rent, send it USPS DELIVERY CONFIRMATION so that you can check when it was RECEIVED which is ALL you should care about.
 

rrruuunnn

Junior Member
thinkin about finding a new place.

if she is awarded the house for rent, then she can evict me since i'm on a month to month basis?

should i ask the current owner to create a term lease?
 

rrruuunnn

Junior Member
yes, i restated what you said, echo.

the husband wants to make a new one year term lease. but the wife is quite billigerent. she threw the paper at one of the tenants for paying the husband. and is still threatening to evict anyone who pays him. will the one year term lease certainly protect me from eviction? or should i move away?

thanks for everyone's input.
 
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