Landlord Woes

[Fed Up with Renting]

Three months into our lease of a condo the owners put the property up for sale. According to our contract the owner may enter to show the property to prospective buyers - however when I signed the lease (in the presence of a witness) I explained that I did not want anyone entering the house unless I or my husband were present. The owner claimed she had no problem with that. We have been dealing with the real estate agent in regard to people seeing the house for the past 8 months, but recently have had a lot of problems. We were told (I have it on my answering machine) by the landlord that we will be given 24 hrs notice and have only been given so a few times. We are not trying to lock them out of their property, we simply expect professional courtesy and we have insisted on being present when people came to view the condo. We have gone out of our way to accommodate them, coming 30 miles across town during work hours to open the condo. Now, the agent and owner are demanding that we turn off the burglar alarm so as to allow them to enter the property and their discretion. We have refused since neither the owner nor the agent will take responsibility for our contents and we never signed an addendum to the lease releasing alarm code #s. The owners reply was that we either give the alarm code to them (and to the agent) or the owner will come in and take the alarm out of the house.

I have investigated TX Propty code which has no specific rules on the landlord's right of entry/access, however I am under the assumption we have possession of the property if we are fully paid up with rent (we are). As well, there is a section (24.001) pertaining to forcible entry and detainer stating "forcible entry is an entry w/o consent of the person in actual possession of the property or an entry w/o the consent of the tenant at will or by sufferance". Does this mean we can deny them entry without us present? If they enter, can we call the police?

If they remove the security system what should we do?(Sec 92.0081 states "a landlord may not remove a door, window,…..or other mechanism attached to a door"). If we get burglarized are they liable for damages?

In addition, I have discovered that all rental property in TX is required to have keyless deadbolts on all exterior doors (Sec 92.153). The condo doesn't have any. I don't feel comfortable taking a shower for fear I might come out to a house full of strangers looking to buy!

In addition, we have had to fight with them to take care of normal problems when we moved in, and had to write a somewhat threatening letter to get the smoke detector fixed. They have sent us a letter 2 months ago that they will no longer be responsible for the cost of repairing anything in the condo and if we call them for a service call it will be $35 + cost to fix. (My husband had to get on the roof to convert the heat to AC).

Yesterday we received a letter from the landlord saying they were giving us 30 days notice to vacate (we are now on a month to month lease). (The agent called the landlord and claimed we were not being available to open the house). Are we stuck having people parading through our home for the next 30 days? Can we do anything?

Also, when I send them the rent check for the month of July (partial that is) should I send it certified, with our forwarding address? A slight problem is that we have sent them certified/registered mail in the past for other problems and they do not pick it up. What if they never pick it up and then claim we did not pay the last month's rent? Is it enough that I send it and keep the returned mail from the post office?

There is no physical office for us to go to - they were using one of the condos (now sold) as an office and never even notified us of the move. More, they hardly ever return phone calls and get their mail through a P.O. Box (we even had to call them to get the address to send the rent check after they left). When we try to contact the owner, his wife tells us he is too busy to be bothered by us and that we have to deal with ONLY her, but she is out of town for a week or more each month. In the move out letter, the wife instructs us to call her to arrange a move out walk through. Should we send this in writing in case they fail to show up?

Need Help in TX!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Fed Up with Renting:
Three months into our lease of a condo the owners put the property up for sale. According to our contract the owner may enter to show the property to prospective buyers - however when I signed the lease (in the presence of a witness) I explained that I did not want anyone entering the house unless I or my husband were present. The owner claimed she had no problem with that. We have been dealing with the real estate agent in regard to people seeing the house for the past 8 months, but recently have had a lot of problems. We were told (I have it on my answering machine) by the landlord that we will be given 24 hrs notice and have only been given so a few times. We are not trying to lock them out of their property, we simply expect professional courtesy and we have insisted on being present when people came to view the condo. We have gone out of our way to accommodate them, coming 30 miles across town during work hours to open the condo. Now, the agent and owner are demanding that we turn off the burglar alarm so as to allow them to enter the property and their discretion. We have refused since neither the owner nor the agent will take responsibility for our contents and we never signed an addendum to the lease releasing alarm code #s. The owners reply was that we either give the alarm code to them (and to the agent) or the owner will come in and take the alarm out of the house.

I have investigated TX Propty code which has no specific rules on the landlord's right of entry/access, however I am under the assumption we have possession of the property if we are fully paid up with rent (we are). As well, there is a section (24.001) pertaining to forcible entry and detainer stating "forcible entry is an entry w/o consent of the person in actual possession of the property or an entry w/o the consent of the tenant at will or by sufferance". Does this mean we can deny them entry without us present? If they enter, can we call the police?

If they remove the security system what should we do?(Sec 92.0081 states "a landlord may not remove a door, window,…..or other mechanism attached to a door"). If we get burglarized are they liable for damages?

In addition, I have discovered that all rental property in TX is required to have keyless deadbolts on all exterior doors (Sec 92.153). The condo doesn't have any. I don't feel comfortable taking a shower for fear I might come out to a house full of strangers looking to buy!

In addition, we have had to fight with them to take care of normal problems when we moved in, and had to write a somewhat threatening letter to get the smoke detector fixed. They have sent us a letter 2 months ago that they will no longer be responsible for the cost of repairing anything in the condo and if we call them for a service call it will be $35 + cost to fix. (My husband had to get on the roof to convert the heat to AC).

Yesterday we received a letter from the landlord saying they were giving us 30 days notice to vacate (we are now on a month to month lease). (The agent called the landlord and claimed we were not being available to open the house). Are we stuck having people parading through our home for the next 30 days? Can we do anything?

Also, when I send them the rent check for the month of July (partial that is) should I send it certified, with our forwarding address? A slight problem is that we have sent them certified/registered mail in the past for other problems and they do not pick it up. What if they never pick it up and then claim we did not pay the last month's rent? Is it enough that I send it and keep the returned mail from the post office?

There is no physical office for us to go to - they were using one of the condos (now sold) as an office and never even notified us of the move. More, they hardly ever return phone calls and get their mail through a P.O. Box (we even had to call them to get the address to send the rent check after they left). When we try to contact the owner, his wife tells us he is too busy to be bothered by us and that we have to deal with ONLY her, but she is out of town for a week or more each month. In the move out letter, the wife instructs us to call her to arrange a move out walk through. Should we send this in writing in case they fail to show up?

Need Help in TX!<HR></BLOCKQUOTE>

Send everything in writing via certified return receipt requested.

 

[Tracey]

What a nightmare! this answer is a little disorganized, but here goes.

1. L is entitled to "reasonable" access to show the house. That means giving 24 hours written notice & paying you for lost wages if L requires you to miss work to be there to open the house, WHETHER THEY SHOW UP OR NOT. Tell them you'll pay the mileage costs. Send a ceritifed letter to L AND the realtor stating this & stating the wage reimbursement rate. Also state that L agreed to 24 hours notice AND THAT YOU STILL HAVE THE ANSWERING MACHINE TAPE. The written notice will serve as your proof that they required your presence.

2. If L removes your alarm, you get to sue L for unlawful entry, trespass, theft, & residential burglary. [Prop C. 92.0081(a), (j)] If anything is damaged by L, the realtor, or a viewer, L is responsible. You get: "a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties." [92.0081(h)] Inform L & the realtor that you will charge them with residential burglary if they take your alarm system, & will sue them both for trespass, theft, any resulting property damage including burglary by third parties, attorney fees, and costs. You'll also sue for unlawful entry if they enter the house without giving you 24 hours written notice & agreeing to reimburse you for lost wages if you have to leave work. Post a sign to this effect on your door to warn prospective buyers that they also face liability for trespass/burglary if they enter with L or the realtor.

3. File a complaint against the realtor with the state board, that the realtor is threatening to burglarize/trespass in your home if you don't give up your contractual right to 24 hours notice before showings.

4. Send a letter demanding L fix the deadbolt problem immediately. Cite Prop C. 92.153 - L must supply the lock at L's expense - and 92.157 - do it immediately (within 7 days). If L doesn't install the deadbolt in 7 days, you get remedies under 92.164 and/or 92.165. [Prop C. 92.153(i)]

5. A provision in a lease or a letter stating that L will not repair defects and that T has to repair them at T's expense is illegal. [Property Code 92.006(e); 92.0561(g)] L can't charge you a service fee, either. The only way L can charge you for a repair is if you or one of your guests created the need for repair. If L's violation of 92.006 was "knowing", you get $2000 + one month's rent + attorney fees. [Prop C. 92.0563(b)] Tell L that her letter telling you you have to pay for and make repairs is "unlawful and violates Texas Property Code sec. 92.006." When L refuses to make a repair, you'll get the $2,000!

6. File a suit against L for retaliatory termination of the lease. L cannot terminate your lease for exercising your statutory or contractual rights. You can probably get a declaratory judgment or injunction preventing L from terminating the lease or entering without 24 hours notice, if you want to stay. See Prop C. 92.331 & 332 for more info. If you want to leave, just go. By giving you the termination notice, L has opened himself up to "a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief..." [Prop C. 92.333]

7. Send all checks or letters certified, return receipt. If Ls don't pick them up, they've made you a gift of the rent! Keep the envelopes sealed until you get into court. (I'm assuming your lease doesn't specify a paticular method of payment delivery.)

8. Ls are allowed to designate one spouse for you to deal with. However, when wife is unavailable, husband has to deal with you himself.

9. Check with the TX justice courts to see if you can pay rent into the court until L fixes defects and/or the court resolves the notice/access issues & retaliatory termination claim.

10. When you leave, send your forwarding address by certified mail. If Ls don't pick it up, that's THEIR problem! Again, save the unopened envelope. Assume that L will try to make improper deductions form the security deposit. If L doesn't provide an accounting of all deductions within 30 days of the lease terminating, you are entitled to a triple refund, plus $100 & fees & costs. [92.109]

If L unlawfully enters, you will be entitled to costs + attorney fees. [Property Code, 24.006] you have to sue separately for damages/trespass/burglary. [Prop C. 24.008]

*****************************

So, you ask, blinking in a confused brain-saturated manner, what do I DO? First, get in touch with your inner b*tch. Sue L for retaliatory termination immediately. You collect $500 + one month's rent + costs + attorney fees, and an injunction requiring L to give 24 hours written notice before showing the house. (L has the burden of disproving retaliation once you make out a prima facie case.) Try to get the court order to include reimbursement for lost wages too. Second, send the letters described in 2, 4, & 5 to L and/or realtor. Make sure the letters meet all specifications in the applicable statutes so that you can avail yourself of the draconian Texas tenant remedies. Send everything certified -- L is charged with the letter's knowledge when L refuses to pick up the certified mail. Then, sit back and wait for L to f*ck up again. My guess is that L will become much more reasonable after they have to pay you $1,000 or so for the retaliatory eviction. If not, just file your suits & let the money roll in. Between all the $500/$2,000 + 1 month rent remedies, you could end the year's lease collecting more money from a really stupid L than you owe in rent!! (Sue separately each time; this maximizes your recovery.

Finally, whenever you do leave, take lots of time/date stamped 35mm pictures & videotape the entire place. Don't talk during the video - the pictures will speak for themselves. Take wide shots & closeups of everything. Save the tape for at least 2 years. When L doesn't refund all your deposit, sue for triple damages, etc.


Sic 'em!

=========================
92.0563
(b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. The tenant shall have the burden of pleading and proving a knowing violation. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006.

===========================
Sec. 92.109. Liability of Landlord. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
***
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on
or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.




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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.

 

[Fed Up With Renting]

Sorry to ask for more help, but this saga continues....

I sent the final rent check with the move-out date and forwarding address to L by certified/return receipt (06/29). They have not picked it up and it will soon be sent back to me. My husband has called 2x in regard to the letter and to set a move out date with L. No response to messages. We have a feeling that L is going to try to keep the entire security deposit for the last month's rent ($300 more than we owe). Questions:
1) If we could not use the security deposit to cover the last month's (partial month's) rent, can they?
2) If they do not show up / set a move out date with us, what do we do? (We have a video camera, camera with date stamp and 4 witnesses ready to go).

Thanks again !!!!!