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walking in

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ruth_m

Guest
What is the name of your state tx

an apartment office representative walked into our home with the intention on locking us out for non payment, we were late this month in paying the rent but we had asked for a few days extension, and we paid that one time. so the representative walks into our home and when she sees me inside she says, "oops!" and walks out. the intent was to lock us out but i had to present her with the money order number so she could track the payment, they found it, turns out they posted it to the wrong acct.
i was reading our lease agreement and no where on the contract does it allow them to walk in under that circumstance. does that give me reason to break the lease? i don't know i just want to get out of here, is there any way i can break my lease just one month early? (our lease is up the end of september)
 


JETX

Senior Member
"i was reading our lease agreement and no where on the contract does it allow them to walk in under that circumstance. does that give me reason to break the lease?"
*** Inherently, no. The landlord in Texas has the right to enter the premises during reasonable hours for inspection, maintenance, etc. Since you claim she entered in the process of performing official duties, that would be a permissable entry.

Further, your post says that she entered in the process of doing a 'lockout'. If that is true, lockouts are illegal in Texas, per Texas Property Code. Go to: http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.008.00.000092.00.htm#92.009.00

"i don't know i just want to get out of here, is there any way i can break my lease just one month early? (our lease is up the end of september)"
*** There is nothing in your post that would allow your early termination of your lease obligation.
 
R

ruth_m

Guest
i completely understand, but they had no reason to lock us out, it turns out it was their mistake because they didn't post the payment to the correct acct. and actually, the lady that was the one that was suppose to "lock us out" ends up telling me that "she doesn't work in the office anymore, she's just filling in for the day". and i understand that there are circumstances when they can walk in but what if they didn't have the right to walk in..in the first place? they "thought" we didn't pay, but alas it was them who made the mistake.
 

JETX

Senior Member
ruth_m said:
i completely understand, but they had no reason to lock us out, it turns out it was their mistake because they didn't post the payment to the correct acct. and actually, the lady that was the one that was suppose to "lock us out" ends up telling me that "she doesn't work in the office anymore, she's just filling in for the day". and i understand that there are circumstances when they can walk in but what if they didn't have the right to walk in..in the first place? they "thought" we didn't pay, but alas it was them who made the mistake.
*** The fact that you claim that their entry was in error, does nothing to allow you to terminate your lease obligation.
 

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