I smell a rat....

[missyluce]

I live in Texas, (Austin area)and have rented my apartment for almost 1 1/2 years. I have been a day or 2 late a couple of times, due to being very busy, and was always happy to pay the late charges when I realized I forgot rent. Anyway, a new management company has recently taken over. Today, I realized it was the 4th of the month, and that I was late again. So I wrote out a check after work, and dropped it in the night slot on my way in. Well to my suprise, when I entered my apartment, there was a lock out notice posted on the inside of my door, giving me 3 days to vacate. There was no mention of the option to pay the rent, just simply telling us we had 3 days to vacate. I immediately got on the web, to try and find some kind of help, because I think I smell a rat. Can somebody tell me what my rights would be if they decide to terminate my lease? Thanks!

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-Missy-

 

[peter]

well do you have a lease..what does it say about being late?

This is harassment by the company and they cannont lock you out, or do anything without a court order, and you as an American have a right to your day in court....so if they try and evcit you use your right to defend yourself...and see what a Judge says...

Youre in George W. Bush's country and you aint squat!

 

[Tracey]

Read through the TX residential landlord tenant act & the forcible entry act. They're in the Property Code, chapters 92 & 24. http://www.capitol.state.tx.us/statutes/pptoc.html

Bad news. It sounds like the notice was properly delivered (inside of door). L has no obligation to give you the option of paying the rent. L can just demand you leave. Obviously, the new management plans to raise the rent & is looking for any excuse to terminate the current leases. They can do this if they can find a way under the law.

It may be that if L cashes the rent check, this waives L's demand that you leave. No law says so, but that would be an equitable argument. If you had paid the rent in the morning before L posted the notice, you'd be home free. Your only hope is to file a motion in court immediately to force L to accept the rent & withdraw the termination notice.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.