Landlord showed up yesterday after 4+ years of nothing....

[nutkin517]

What is the name of your state (only U.S. law)? Texas

I have been living in this house since August 2010. My landlord lives in another city and I mail my rent every month. While it isn't always on time and sometimes I have to split it into two payments, it is ALWAYS paid in full each month. He might call once or twice per YEAR to check on things, but other than that, I've not heard or seen him until yesterday.

He was very angry because my grass is overgrown. I am a single mother of two and work a crappy job and struggle to get by each month. I tried to explain to him that I've had car repairs and medical issues recently and I am trying as hard as I can. He is also mad because there is a fence next to the house with vines and the vines are now growing up the side of the house. He wanted to come in, but said he understood if I didn't want him to. I told him I'd rather have time to clean up the place--it isn't bad, just needed to be mopped/swept/vacuumed/etc.

My boyfriend (who stays here sometimes because it is a bad neighborhood and he helps watch my kids) came outside because he heard me crying and the landlord then got really defensive. My boyfriend is black and I am white. He then decided it was an issue that I didn't want him to come inside and basically threatened me. He said that the a/c guy (I've never had an a/c guy here, only a plumber) told him the whole house smelled like weed, which isn't true. My boyfriend does smoke weed occasionally, but my house does not smell like it. He told him if he came outside or spoke again that he'd call the police to have him removed from "his" property. He watches my kids while I am working and I have no one else because I work nights and can't afford to pay anyone.

The landlord called this morning and told me he is coming this weekend to work on the house. He said he will be coming in to see it and if everything is ok, I can stay, but if there are problems, then I have 30 days to leave. I am afraid he will look for any small thing to kick me out. The only issues with the house that have been caused by me are minor. There is a door in the hallway with a small hole from moving a box spring into my kids' room. We paid someone to quickly re-do the kitchen/bathroom floors because they were buckling. It is cheap vinyl tile, but looks ok. The seal around the toilet in the bathroom is leaking and the floor is kind of warped because of it. And the white paint stuff on the bottom of the bath tub is coming up. Anything else is just normal wear and tear from living in a house for this long with two kids.

What are my rights? Can he evict me for any of this? I took today off even though I am losing .75 of an hour by taking a sick day to do a thorough cleaning of the house. Also, my boyfriend will be here this weekend because I work every single day and my kids are out of school. I am so scared.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

I have been living in this house since August 2010. My landlord lives in another city and I mail my rent every month. While it isn't always on time and sometimes I have to split it into two payments, it is ALWAYS paid in full each month. He might call once or twice per YEAR to check on things, but other than that, I've not heard or seen him until yesterday.

He was very angry because my grass is overgrown. I am a single mother of two and work a crappy job and struggle to get by each month. I tried to explain to him that I've had car repairs and medical issues recently and I am trying as hard as I can. He is also mad because there is a fence next to the house with vines and the vines are now growing up the side of the house. He wanted to come in, but said he understood if I didn't want him to. I told him I'd rather have time to clean up the place--it isn't bad, just needed to be mopped/swept/vacuumed/etc.

My boyfriend (who stays here sometimes because it is a bad neighborhood and he helps watch my kids) came outside because he heard me crying and the landlord then got really defensive. My boyfriend is black and I am white. He then decided it was an issue that I didn't want him to come inside and basically threatened me. He said that the a/c guy (I've never had an a/c guy here, only a plumber) told him the whole house smelled like weed, which isn't true. My boyfriend does smoke weed occasionally, but my house does not smell like it. He told him if he came outside or spoke again that he'd call the police to have him removed from "his" property. He watches my kids while I am working and I have no one else because I work nights and can't afford to pay anyone.

The landlord called this morning and told me he is coming this weekend to work on the house. He said he will be coming in to see it and if everything is ok, I can stay, but if there are problems, then I have 30 days to leave. I am afraid he will look for any small thing to kick me out. The only issues with the house that have been caused by me are minor. There is a door in the hallway with a small hole from moving a box spring into my kids' room. We paid someone to quickly re-do the kitchen/bathroom floors because they were buckling. It is cheap vinyl tile, but looks ok. The seal around the toilet in the bathroom is leaking and the floor is kind of warped because of it. And the white paint stuff on the bottom of the bath tub is coming up. Anything else is just normal wear and tear from living in a house for this long with two kids.

What are my rights? Can he evict me for any of this? I took today off even though I am losing .75 of an hour by taking a sick day to do a thorough cleaning of the house. Also, my boyfriend will be here this weekend because I work every single day and my kids are out of school. I am so scared.

Did you notify him in writing of those issues? Did you give him time to repair the items? Did you get his permission to re-do the floors?

 

[Zigner]

Yes, he can give notice to terminate the tenancy. It's not an eviction if he simply gives notice to terminate the tenancy.

Your B/F living there may be a problem.

You shouldn't have to take time off to clean up enough to make it presentable to the LL.

I suspect your house wreaks of pot and that you simply don't notice it because you are used to it. Why would you allow this around your kids?

 

[nutkin517]

I never informed him of these issues because when I met him to sign my lease, he stated that he didn't like to rent to women because they can't do anything for themselves and they call him all the time for random problems. I didn't want to bother him.

It doesn't take that much time to clean. In all honesty, it took like 30 minutes. He called 10 minutes before I was to leave for work this morning and upset me a lot. I didn't want to go to work crying.

My boyfriend does not live here, but he does stay here quite a bit. He does not receive mail here. His permanent residence is his mother's house.

My house does not smell like weed. My parents come by quite a bit and they've never once said anything about my house smelling like weed. Furthermore, the plumber never even entered the house, so there is no way he could smell anything. Besides, this was months and months ago, so why is he just deciding to bring it up now?

I think he is just looking for a reason to get rid of me because he wants to sell the house. He had an appraiser come by a few months ago and there were no complaints about anything then.

So, he has to give me 30 days? So, if he comes Saturday and decides I have to leave, it will be 30 days from that date?

 

[nutkin517]

Also, he called me from a different number than I had for him this morning. How was I to contact him about anything if he changed his number and didn't provide it to me?

When I signed the lease over 4 years ago, I met him at the house. I gave him a money order for the security deposit. I signed the lease. He gave me the keys even though I wasn't going to move in for two weeks. He never even asked to see my ID or anything. That is the last time I saw him. He knew there were vines growing on the fence beside the house. He knew there were two large trees in the yard. Surely, he'd realize maintenance would need to be done over 4 years time, yet he hasn't been by at all to check.

Re: the floors--he told me I could do whatever I wanted to the house as long as I didn't paint the walls purple or anything like that.

He also told me that the grass was my responsibility, but I didn't have to worry about the bushes or hedges or anything.

And yesterday before my boyfriend came out, he said that he was told the house smelled like weed but that was none of his business, that I pay to live here and what I do inside is my business.

 

[Zigner]

If it walks like a duck and quack like a duck...


(Your BF lives there)

 

[Gail in Georgia]

"And yesterday before my boyfriend came out, he said that he was told the house smelled like weed but that was none of his business, that I pay to live here and what I do inside is my business."

This, of course, is untrue if what you are doing inside HIS property is illegal (such as drugs).

From your posting, it would appear that your initial written lease has expired and that you are now on a month to month tenancy. Such tenancies can typically be terminated (by either the landlord OR the tenant) with a fairly short term written notice.

This is a bit different if you are doing something illegal in the house (again, drugs for example). That can lead to a quicker eviction.

You need to be honest about this. While your landlord has been more than a bit absent in terms of repair issues (which, it appears, you never notified him about), he has also been lenient about your paying your rent in installments at times. His absence has also allowed your weed smoking boyfriend to move in with you without the knowledge of the landlord. Things may come to a screeching halt regarding all of this soon, especially if the landlord wishes to sell the property.

Gail

 

[STEPHAN]

My house does not smell like weed. My parents come by quite a bit and they've never once said anything about my house smelling like weed.

That they don't say anything does not mean that it does not smell. Obviously there is some weed usage in the house. I would smell it.

I think he is just looking for a reason to get rid of me because he wants to sell the house.

He does not need a reason. He could send you a notice for no reason.

He had an appraiser come by a few months ago and there were no complaints about anything then.

That the appraiser did not say anything does not mean that he did not notice the weed smell. It is not the appraisers job to complain to the tenant, no matter how bad the house is.

 

[Just Blue]

That they don't say anything does not mean that it does not smell. Obviously there is some weed usage in the house. I would smell it.

He does not need a reason. He could send you a notice for no reason.

That the appraiser did not say anything does not mean that he did not notice the weed smell. It is not the appraisers job to complain to the tenant, no matter how bad the house is.

I can smell pot on a person in front of me while grocery shopping. People don't realize how strong the smell of smoke is, both ciggs and pot.