Please need help with lease asap

[MaskedRaiderFan]

undefinedWhat is the name of your state? TX

My daughter's boyfriend rented a duplex along with one of his friends that he grew up with. The two guys signed a lease but, had seperate credit checks etc. Then the guy moved out early and left a few things like a dresser and bed. My daughter's boyfriend continued to pay his rent since he knew the lease was until the end of May. But, he started moving his stuff out so he didn't have to move it all at one time. But, this week after he had paid his rent again (no his roommate was not paying his rent) the landlord waited until he was at work and they took his 36 inch television and vacuum. The landlord told him that until she gets the other guys rent she will keep the tv etc. Then, the next day she had someone go and move everything down to the kitchen of the duplex and she has given him until tomorrow to get everything out. I took some Consumer Science classes during college but, I can't remember exactly what it says about when this happens. The sad part is he was still paying his rent and doing his portion of the lease.
I told him to contact an atty and ask if she can make him move out when he has paid his rent and can she keep his tv?

 

[ENASNI]

Oh boy

Both parties are in error here. Have ...shoot lets call him Jack. Have Jack look at the lease, usually no matter who is in dwelling, there is joint responsibility, meaning ALL the rent must be paid, not just "Jack's" portion. Landlord is right in wanting them to leave. Any notices sent, with proof of service?

Landlord is wrong! to enter without notice and take personal property... it is theft.

WHo does what whom... who Knows?

Here are some links... I can only vouch for the one with all the statutes... read and come back if you find something... Sorry CSI is on.

http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.008.00.000092.00.htm
http://www.texashousing.org/txlihis/discussit/leaseforum/leaseforum.html

 

[queenofsand]

Actually, Enasni, if there's a clause in the lease about landlord liens, the property can be taken if rent is delinquent. TX is not tenant friendly if the tenant is not friendly to the landlord

This link explains it in plain ol' English: http://www.texastenant.org/topics/llien/llientenant.html

 

[south]

Yeee Haaaaaaa Im moving to Texas!

TX is not tenant friendly if the tenant is not friendly to the landlord

This link explains it in plain ol' English: http://www.texastenant.org/topics/llien/llientenant.html

 

[MaskedRaiderFan]

Still looking

The landlord has now worked out a deal with the other guy (Scott) and he doesn't have to pay the rent that he didn't pay if she can get the duplex rented out in the next couple of days. But, she had alread received Justin's rent payment and did not say whether or not she would give him back the television. The one who hasn't paid is getting let off the hook, he isn't living there, he didn't have his tv taken by the landlord and now if Justin will move out fast enough for her to rent the duplex out again, he doesn't have to pay a dime. The sad thing is Justin has paid his rent every month on time and never missed a payment and he just paid for the month of May.
I am looking at the 2 sites that you posted and I haven't found the information yet but, I'm going back to those sites now.

 

[ENASNI]

whoa

Actually, Enasni, if there's a clause in the lease about landlord liens, the property can be taken if rent is delinquent. TX is not tenant friendly if the tenant is not friendly to the landlord

This link explains it in plain ol' English: http://www.texastenant.org/topics/llien/llientenant.html

Thank you Queenie... thanks for not calling me a ninny.
That is incredible! Keeping that information stored away...


Really? Gotta read it again...Yup... you are right... Whoa!

 

[MaskedRaiderFan]

I read the information on the http://www.texastenant.org/topics/llien/llientenant.html
site. If the television actually did not belong to the tenant then the landlord had no right to take it right? Also, it says on that site that if anything else that was not listed was taken then the landlord has seized the property improperly. There are a couple of things that were taken without being listed. Also, on his lease the portion about the landlord being able to seize property was not written in bold or conspicuous print. Also, Justin has the carbon for his money orders to show as proof that he was the renter that paid his portion of the rent. According to the landlord's husband they had no proof that Justin paid the rent, it could have been Scott. But, they did talk to Scott and he did tell them he hadn't paid his rent.

 

[queenofsand]

South, pack your bags, it's a big ol' state, we've got plenty of room; you want plains, hills, desert, coastal or swamp land?

Enasni, you a ninny? No way.

Future MIL to Justin--joint severability means both tenants are liable but either one can be held liable when the lease is breached. Even though Justin has stayed current with his share, the landlord is entitled to the entire amount. He doesn't care how it's divvied up...if it's not all there...rent hasn't been paid.

Uh oh...just read your latest...landlord is in big trouble. Did you check out the lawsuit petition and how to sue the landlord link?

 

[MaskedRaiderFan]

Yes I did

I printed the forms for suing your landlord etc. off and I am taking those to my daughter today. First, the vacuum that they took belonged to his tather and then they took other items that were not they did not tell Justin that they were taking. One of which was a big container of coins and all of his check stubs from work. There are several other things too.

I live an hour away but, I am going to go see my daughter and take this information and I appreciate your help because I wouldn't have know about this info without this site.