Thank you Tracey!!

[FedUpwith Renting]

Re: Landlord Woes

Tracey,

Thank you sooooooooooo much for all of your
information and advice. You are a b*tch
after my own heart!!! I knew there were
things we could do, but I have a husband
who says, "oh, let's just get out of here".
I do have one question for you - our original, signed lease was for a period of 7 months. We have been going month to month.
Is it still retaliatory on their part to give us 30 days notice?

Now, tomorrow is the 28th of June and that just gives me 3 days to file the suits. Should I send the entire months rent for July even though their 30 day notice has us to move out on the 20th of July?

Can I do this all myself or should I get a lawyer? ( I know I can send all the letters myself, but what about the suits?)

Thank soooo much again for all of your time and suggestions. I sure wish you were in TX!

(Tons of smiles to you- I don't know how to get them in the message!!!)

[Tracey]

You're welcome.

The prohibition against retaliatory conduct still applies. TX law defines a 'lease' to include a month to month rental. [92.001(3)] In essence, when L acts for retaliatory reasons, L loses the right to terminate the lease for another 6 months!!

You can do the suit yourself, but it's going to be complicated. You'll have to spend some time in the court clerk's office sweet-talking them into finding a retaliatory termination/eviction case that you can use as a template. It can be done, but it will be tedious. If you have the disposable money, you're probably better off to hire an attorney, since the fees will be added to the judgment. Find one who's done retaliatory evictions before, preferable from the tenant's side. Even better if you can find one who's WON a retaliatory eviction suit! The attorney will tell you whether to pay all rent or just 2/3 of it. However, you can't exercise all those lovely draconian remedies unless your rent's paid in full. If you can't guarantee that the hearing will be done by 7/20, pay all the rent.

If you do hire an attorney, take all your paperwork and copies of the letters you intend to send (and xeroxes of the laws) with you. Get the lawyer to approve the letters before you send them. Also, by handing her the laws, you save some research charges! Even if you hire an attorney, familiarize yourself with the laws. You may catch the attorney in a procedural mistake. (But point it out very nicely. Most of us are egomaniacs! )

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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.