What is the name of your state (only U.S. law)? Texas
To start from the begining, I had a lease I signed and everything was going well, I had a pool pump at the house go out due to old age, my landlord didnt want to pay to repair it, even though in the lease it says all repairs are for him to pay except the first $100.00 which I am to pay. He didnt want to pay for anything, I paid the $450.00 bill myself. Then a plumbing issue came about and I got a letter from him wanting the first $100 of the $162.00 repair bill, I then told him no b/c I am due $350 from him ($450 minues my $100). Then when rent was due $1500 on the first he took the first $100 applied it to the plumbing bill and took the remaining $1400 and applied to rent leaving rent $100 short, I said no thats not how it works. Come to find out there is a loophole in the system and he can do that and he is now taking me to small claims court for $9,500 (late fee) all started from the $100 difference in rent. I am active duty military and there is the soldiers sailor relief act which says he cannot evict even if not payment of rent unless 90 days pass, he evicted me on his own with 24 hour notice. What am I looking at? I don't see why I even have to attend court if this is pretty cut and dry to me. I spoke to legal with the Coast Guard they provided all needed print outs for me to take, but just trying to get some feedback on here. He later says its going to be hard to win seeing how items were siezed from the house and he is surprised I am still active duty, I don't know if he planted something but my thing is if something of that nature happened, why didnt the police or the Coast Guard approach myself? Also does anything matter than the issue at hand?
Thanks in advance.
To start from the begining, I had a lease I signed and everything was going well, I had a pool pump at the house go out due to old age, my landlord didnt want to pay to repair it, even though in the lease it says all repairs are for him to pay except the first $100.00 which I am to pay. He didnt want to pay for anything, I paid the $450.00 bill myself. Then a plumbing issue came about and I got a letter from him wanting the first $100 of the $162.00 repair bill, I then told him no b/c I am due $350 from him ($450 minues my $100). Then when rent was due $1500 on the first he took the first $100 applied it to the plumbing bill and took the remaining $1400 and applied to rent leaving rent $100 short, I said no thats not how it works. Come to find out there is a loophole in the system and he can do that and he is now taking me to small claims court for $9,500 (late fee) all started from the $100 difference in rent. I am active duty military and there is the soldiers sailor relief act which says he cannot evict even if not payment of rent unless 90 days pass, he evicted me on his own with 24 hour notice. What am I looking at? I don't see why I even have to attend court if this is pretty cut and dry to me. I spoke to legal with the Coast Guard they provided all needed print outs for me to take, but just trying to get some feedback on here. He later says its going to be hard to win seeing how items were siezed from the house and he is surprised I am still active duty, I don't know if he planted something but my thing is if something of that nature happened, why didnt the police or the Coast Guard approach myself? Also does anything matter than the issue at hand?
Thanks in advance.
