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Landord won't contact me

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S

SueDNim

Guest
I am away from my apartment frequently, sometimes for prolonged periods. If I owe the apartment management additional money for any reason, they tack a notice on my front door. If I am not at home to receive it, they do not try to reach me, but simply tack up additional notices every day until eventually they threaten eviction. I have requested several times that they use additional methods to contact me for such an urgent matter. Not once have they left a message on my home answering machine (which I can check from a remote location), called my cellular phone or cellular answering service, or sent me U.S. mail, for the purpose of informing me of an outstanding balance. They continue leaving notices on my door even though it must be obvious, from the number of papers stuck to the door, that I am not at home, and even though they have made verbal promises to use additional methods to contact me.

I have received several (at least 4 or 5) such threatening notices on two separate occasions, over the amount of $40 and $130, respectively. At least one time, the notice promised eviction if I did not respond by a certain deadline; it was already past the deadline when I read the notice, yet the promised action was not taken. On another occasion, the management representative laughed out loud when I expressed concern, and said that they had no intention of evicting me over such a small amount of money. However, the notices were worded very clearly, using the word “will” instead of “may,” as in the phrase “will evict” or “will take legal action.” The first time, she denied knowledge of the content of the notice, and later sent me a written apology. The second time, she claimed that the notices had been delivered without her knowledge or permission, and denied that it was her signature on the notices, although I have all but one of the documents themselves, with her signature on them.

I have begun to consider the wording of the notices and the untruths to be bordering on harassment, and I find it quite upsetting. The day is going to come when I will not be able to rush home just to see if there is a new nasty note on my door. I live in fear that one day I will come home to find that I have been evicted in my absence. This apartment was my dream home, but I can take little pleasure in it now, and I can not relax or be comfortable traveling away from home for even a few nights. I want to know if I have any legal rights at all in the state of Texas. Can I legally request that they use alternate means to contact me? If I can, is it enforceable? Thank you for your time.
 


T

Tracey

Guest
Why exactly are you getting charged unknown amounts of money occasionally? Is your rent cross-indexed to the prime lending rate?

Send L formal written notice that L must contact you by leaving a message on your answering machine any time you are out of town for more than 3 days. Leaving a notice on your door is legally insufficient; L has to hand deliver it or send the notice by US Mail. Send L a letter any time you're leaving town for longer than 3 days.


Sec. 92.012. Notice to Tenant at Primary Residence.

(a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence:
(1) all notices of lease violations;
(2) all notices of lease termination;
(3) all notices of rental increases at the end of the lease term; and
(4) all notices to vacate.
(b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Oral notices of change are insufficient.
(c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice.
(d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant.
(e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises.

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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.
 

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