lock out

[ruth_m]

What is the name of your state? texas

we have been living at "X" apartments for 10 months...we never paid rent late...last month we were behind on bills so we went to the office and asked for an extension for a few days (rent is due on the 1st of each month and we got the extension for the 8th). any way, well, we paid on time late fees and everything...then a couple days later, we get a knock on our door and it's one of the apartment complex people...and she yells out, "hello! we're here to lock you out!"
so my boyfriend and i are wearing pj's, so i'm trying to change and find something decent to wear, i'm heading towards the door and she walks in, she sees me and says, "oops!" and walks back out...so i go to the front door and she says,"we're here to lock you out for non-payment." she's accompanied by a maintenance man with a lock-out object (the one they put over your door knob so you can't get back in). so i tell her that we did pay (we paid with a money order) and that we put the apartment number on the money order and we handed it personally to someone in the office. so her response is,"oh really? well, i don't work here, i'm just filling in, and our records indicate that you are being locked out for non-payment".
so i ask her to give me a minute so i can find the money order number, so my boyfriend and i are looking all over the place for it and we find it...so i hand it to her, and she says that she's going to go back to the office and try to locate it. thirty minutes later i call the office and i ask her what the outcome was..and she says, "oh yes, it was posted to the wrong acct, you're all set".
what upset us is that they were'nt even going to bother to tell us, so what can i do? can i complain to someone? something legal i can do? our month is over next month, but we want to get our of here this month, is there any way i can break the contract one month in advance because of what they did?
thank you.

 

[queenofsand]

http://www.capitol.state.tx.us/statutes/pptoc.html
Chapter 92:
SECTION 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT
SECTION 92.009. RESIDENTIAL TENANTS RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT

Check the above sections. Since you weren't actually locked out it's doubtful you have any legal recourse. TX allows landlords to perform lockouts but they have to give proper written notice and make a key available (whether or not rent is paid). Also, does your lease require written notice that you will not be renewing?

 

[ruth_m]

renewing

yes, the apt complex asks for a written notice that we will not be renewing, as a matter of fact, i went yesterday and i was informed of all that. also, an apt office secretary told me that we are responsible for $60 of late charges...(which we paid when we asked for the extension), she said that she would be researching the acct...i don't know, i'm trying to get out of here because honestly, that was rude....the way she just walked in, did the apt complex have a right to do that? i know it's only a month but i want to get out of here...it just, they have done so many things, and we just stay quiet about it, for example, a couple months ago we had a leaky faucet, i called the office about it and they asked me if it was ok for the mainenance people to come in if no one is home, i said "no"...and they said ok...so 3 days later, my boyfriend and i are coming home from school and the mainenace men are inside...they leave quickly with a note saying that i had given permission for them to walk in. i don't know, i just want to get out of here pronto, and i was wondering if there was any way i would be able to do that with this last incident.

 

[HomeGuru]

yes, the apt complex asks for a written notice that we will not be renewing, as a matter of fact, i went yesterday and i was informed of all that. also, an apt office secretary told me that we are responsible for $60 of late charges...(which we paid when we asked for the extension), she said that she would be researching the acct...i don't know, i'm trying to get out of here because honestly, that was rude....the way she just walked in, did the apt complex have a right to do that? i know it's only a month but i want to get out of here...it just, they have done so many things, and we just stay quiet about it, for example, a couple months ago we had a leaky faucet, i called the office about it and they asked me if it was ok for the mainenance people to come in if no one is home, i said "no"...and they said ok...so 3 days later, my boyfriend and i are coming home from school and the mainenace men are inside...they leave quickly with a note saying that i had given permission for them to walk in. i don't know, i just want to get out of here pronto, and i was wondering if there was any way i would be able to do that with this last incident.

**A: not based on that incident.