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signed lease but some one else moved it

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amnhouse

Junior Member
What is the name of your state? Texas, TX

Howdy folks, the name is Travis. Lets make this nice and sweet. On the 28th of August I signed a lease contract with the owner of a House. In the contract it stated that the lease began on the 15th of September. The rent would be $1,300.00 with a security deposit of $500(which I paid). The lease is signed by my room mate, land lord, and my self. We also had a lease to purchase agreement for a purchase price of $130,000 with $750 of the rent going towards that price. As I was taking a friend to look at the place tonight(1 Sept. 07) I noticed that there was some one else living there:confused::mad:. The place was vacant at the beginning. So my question is what actions can I take. I want the place and here in a couple weeks I will need the place. I have already given my 30 day notice and the place already has another renter with a signed lease. Any help and advice would be greatly appreciated.
 


justalayman

Senior Member
Do you have any idea who was in the house?

Have you spoken to the new LL?


Is there a move in date on your lease?
 

amnhouse

Junior Member
buy the look of the moving truck in the drive way and the people in the house I will assume that it was new tenants. Move in date is the 15th of September. Have not spoken with the LL it was at 2200hrs that I drove by. So what actions can I take with the LL, what questions should I ask, how should I approach it? Thanks for the help.
 

las365

Senior Member
Call the landlord and say, "Hello, I drove by the house on Saturday to show it to a friend and it looked like some people were moving in. It worried me, since I'm supposed to move in on the 15th. What's up?"
 

johnd

Member
In the contract it stated that the lease began on the 15th of September. ... As I was taking a friend to look at the place tonight(1 Sept. 07) I noticed that there was some one else living there:confused::mad:. ... So my question is what actions can I take.
You have prematurely "acted." It is absolutely none of your business what goes on there...until the 15th. If it concerns you that greatly, why are you asking us, and not the person in the know (the LL)? In fact, you may very well be trespassing. For all you know, he rennted it out for five or ten days. Relax. If possession is not granted to you on the 15th...you then have a beef. Let us know what happens when this matter is ripe.
 

Hot Topic

Senior Member
{Quote} Move in date is the 15th of September. Have not spoken with the LL it was at 2200hrs that I drove by. {Unquote}

So according to you, you saw a moving van in the driveway and people in the house when you drove by at 10 p.m. to show the house to your friend. As an ex-Army "brat," I know that 1 p.m. is 1300 hours, 2 p.m. is 1400 hours, 3 p.m. is 1500 hours and so on.
 

Ozark_Sophist

Senior Member
{Quote} Move in date is the 15th of September. Have not spoken with the LL it was at 2200hrs that I drove by. {Unquote}

So according to you, you saw a moving van in the driveway and people in the house when you drove by at 10 p.m. to show the house to your friend. As an ex-Army "brat," I know that 1 p.m. is 1300 hours, 2 p.m. is 1400 hours, 3 p.m. is 1500 hours and so on.
Thanks for clarifying the time :rolleyes: but I don't see the relevence.

OP, call up LL and ask them.
 

amnhouse

Junior Member
Yes I'm sure i talked to the home owner. I looked up the house in the Harris County Data Base, and made sure she provided the deed and identification. Thank you all for your help it appears that when she did not hear from me for a few days that she took it as a sign that I did not want the place any more. As i stated above I do have a signed lease and lease to purchase contract.

The move in date was supposed to be on the 15th of September. I have paid the security deposit, and was going to pay the first month rent on that date as the contract stated.

I tried to talk to her today but she just said that "I have the new tenants moved in and have already collected all the money so that is that and have a nice day."

So now I am asking what legal rights do I have. I was more interested in the lease to purchase agreement for I don't have the money to put down on a place right now. I loved the house for it is perfect for all my needs.

Thanks in advance for every ones future help.
 

las365

Senior Member
Now we are in the "there has to be more to this story" phase.

Post a brief timeline of events without editorial comments that includes the dates of: your first contact with the LL, when you signed the lease and lease-to-purchase, what communication there has been since then, what change of circumstances there has been since then, and every other relevant fact.

Then maybe someone can offer pertinent advice.
 

amnhouse

Junior Member
Yes we both signed the contract.

Yes we both got a hand signed copy of the contract.

It all went fairly quickly.

August 27-First phone call was made. Set up appointment to see the house the next day.

August 28-Saw the House, she wanted me to sign the contract right away but the one she had was an unformated web copied one. I agreed to wright one up and meet her later that day.

August 28(evening)-Meet with LL with new contract. Had her overview the contract. She singed I singed, I paid her the security deposit and told her I would get the first months rent by move in date as it states in the contract.

August 29-She gave me a call to say she would like the money ASAP, I said i could probably get it to her within five days.

August 30-She calls me again but I was at work and unable to talk. I told her I would call back in a couple hours. During work my mother had a car accident. She is about 4 hours from my location. I take off from work to go see her. I have my room mate call her to let her know I had to go out of town for a few days and I would call her in the next few days.

September 2nd-I get back in town around 2100hrs(9:00p.m.) Decide to take a friend by to look at it(not the inside for I don't have the keys) and this brings us to where we are now.
 

justalayman

Senior Member
from what you have posted, tell her to have the "new" tenants move on out of your house.

Be sure to continue with your claim, on or before Sept 15, pay her the remaining amount due lest she may claim you abandoned the property and use it against you should you try to enforce the contract.


Before you get all jumpy though, it would be a good idea to set down with a local attorney to review the contract and situation to assure yourself your contract is indeed enforcable.
 

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