evicted Samaritans

[gayla]

I signed a general lease form allowing us to rent a house for 6 months while our new home was completed. Most of the blanks in the contract were left unfilled-no late date, no late fee, etc. The rent house is in terrible shape. I scrubbed and painted just to make it live-able. The landlord and I had a friendly relationship- I told her I'd help her sell the house by showing it with my furniture and decor (hoping to mask the pitiful condition,i.e. the foundation cracked years ago;She had turned it into insurance and kept the money 3 years ago). As various things broke, we asked for repairs. Never in writing, though. And they always promised, but never fixed anything. As of Feb 29, we began renting month to month while anticipating April 28th to be last day. The first week we showed it, it sold. Landlord's fiancee called me and told me to be out the March 28th. To clarify, we called him back and then asked for our deposit. He told us that he'd make a determination what $ was due back to us 60 days after we vacated. I spoke to his real estate agent who assured us we could lease back. Meanwhile Insurance guys refused to insure it. Then March 20th the Heat/air pump (in TX!!!) totally exploded. We were without air for 14 days. When landlord's fiancee came over to collect rent after new a/c was installed. We refused, and told him to keep damage deposit in lieu of last month's rent(our idea, not in lease). He was furious. Today we were served a "Forcible Detainer". We never were given an eviction notice to respond to. The complaint she filled out is strange because,though notarized and JP stamped, the lines which read "the tenant breached his agreement by. . . " is blank. Our court date is the 27th. We will be gone by then. Do I pay and wish upon a star that he re-pays the damage deposit? How do I pay April's rent? Should I avoid a judgement? Should I take this to the judge? Do I respond to this complaint? to whom? Any ideas? My little girls were very distrubed by the Constables and I hate the fact that whenever I try to help people out they just turnaround and stomp on you. --Dismayed in Dallas

 

[Tracey]

I'm confused. The landlord's "agent" told you to be out by 3/28. You agreed. Then his sale fell through and he wants to force you to remain another month? He's an idiot.

1) He terminated the lease verbally. It probably 'had' to be done in writing, but you accepted the verbal termination. He can't argue that it was ineffective.

2) The apt was unlivable for 2 weeks, which means you can't be charged rent for those 2 weeks.

3) The complaint is defective on its face. File a "demurrer" (Civil rule 12 I think). Also file an answer in which you list everything that's gone wrong with the house, and that they terminated the lease, and that they have not complied with the statutory requirements (3-day notice) before filing the detainer action. Move for dismissal for improper service.

4) Pay April's rent to the court. The complaint should tell you how. Ask that it all be refunded to you!

5) Don't miss the court date. It's your word against theirs. Bring any supporting documentation you have, and affidavits from the real estate agent.

6) read the TX landlord tenant act. It probably requires landlords to refund security deposits within 14 days of your departure, or the landlord has to give you twice your deposit back and can't make any deductions! The act will also tell you if you get to withhold rent for any of the things that went wrong with the house.


How soon will you be gone? How far away are you moving? If you will be gone before he can refile the detainer action, you can just file the demurrer/answer/motion to dismiss and leave when he gives you the new 3-day notice. He has to file a formal lawsuit to collect money owed once you are gone. You can stretch that out for ages!


Alternatively, you can pay him the rent and wait for him to miss the 14 day deadline. Then you get to sue him for $1,200. Do it. He's a twit who needs to learn to play nice. Personally, I like this one. It's the easiest for you to do. But, file the demurrer/answer/dismissal anyway. Include in the answer that you paid the rent.

Make sure I'm right about the TX deadline to return a deposit.....


Tracey

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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.