Evil Landlord
Junior Member
What is the name of your state? Texas
I am being evicted in Small Claims Court on the 29th of August. The shortened story is...
Landlord sent an "amendment" to our original contract dated 10-6-04 with RIDICULOUS clauses. I believe the "amendment" was created by him due to the numerous typo's and grammatical errors. He even spelled his own name wrong in one sentence. HE was trying to raise the lease by $155, added a clause that states the lease amount will automatically increase by 15% per year, owner has the right to give tenants 30 days notice if the residence is needed for his residence, automatic $200 deduction for carpet cleaning, and a crazy one regarding replacing the light bulbs, working or not, or up to $9.00 per bulb would be charged. This was mailed to us post marked July 30, 2005. (dates important)
On August 5th, he called but left no message, so I did not return his call.
On August 13th, he showed up on my doorstep... unannounced.
I was not in the mood to deal with anyone (crying baby and whatnot) so I kept driving. (I was returning home and saw his truck in front of the house). He then called later that evening being all nice asking how things were going. I told him fine and when he inquired about the ammendment, I told him we were not renewing under those terms. He got MAD. He then said, well I didn't receive August rent.
(and he is just NOW telling me this?) I told him that a check was mailed to him at the end of last month. He asked "How do I know you aren't lying?" I said how do I know YOU aren't lying and you have the check? He said that I needed to give him $1200 immediately (the amount of rent). I said that I would have to talk to the bank before I did anything. He then said to stop payment and give him $1200. I told him that I was tired of this and we would be out at the end of the month. There are multiple things that he has not repaired since we have lived here (11 months) and he has done nothing but lie about having people supposedly on their way to repair them.
On the door on August 16 was a letter dated the 15th telling us to vacate the property. It stated that we were delinquent $1290 (rent plus late fees to that date). On August 17, I received the same letter via certified mail. Then I received an evition summons by the constable the same afternoon.
Here is the kicker... the SWORN documents he filled out to the court clerk state we are delinquent for JULY in the amount of $1200 and AUGUST for $1200... total delinquency $3040. (I think he failed math) And it stated that written notice to vacate was given on the 1st of August. In his written letter to vacate it is dated August 15th and states that he tried to call on August 5th and I failed to return his call.
I have a BANK STAMPED receipt for July rent and a carbon copy of August check. A letter from the bank has been ordered regarding the stop payment of the Aug check.
He has lied on two parts of the sworn documents to the court and to be honest I think he is nearing harassment.
What can I expect from the judge and is the fact that he lied on the documents going to play a factor in this case?
I do not feel that I should be evicted and that I should have that follow me for the rest of my life.
Also, a clerk at the court stated that if I vacate the property BEFORE the court date and return the keys to him before this date that when I show up in court and tell the judge that I have done so and left the house in good standing order that the case will be dismissed and off my record. Is it really this easy?
I am being evicted in Small Claims Court on the 29th of August. The shortened story is...
Landlord sent an "amendment" to our original contract dated 10-6-04 with RIDICULOUS clauses. I believe the "amendment" was created by him due to the numerous typo's and grammatical errors. He even spelled his own name wrong in one sentence. HE was trying to raise the lease by $155, added a clause that states the lease amount will automatically increase by 15% per year, owner has the right to give tenants 30 days notice if the residence is needed for his residence, automatic $200 deduction for carpet cleaning, and a crazy one regarding replacing the light bulbs, working or not, or up to $9.00 per bulb would be charged. This was mailed to us post marked July 30, 2005. (dates important)
On August 5th, he called but left no message, so I did not return his call.
On August 13th, he showed up on my doorstep... unannounced.
I was not in the mood to deal with anyone (crying baby and whatnot) so I kept driving. (I was returning home and saw his truck in front of the house). He then called later that evening being all nice asking how things were going. I told him fine and when he inquired about the ammendment, I told him we were not renewing under those terms. He got MAD. He then said, well I didn't receive August rent.
(and he is just NOW telling me this?) I told him that a check was mailed to him at the end of last month. He asked "How do I know you aren't lying?" I said how do I know YOU aren't lying and you have the check? He said that I needed to give him $1200 immediately (the amount of rent). I said that I would have to talk to the bank before I did anything. He then said to stop payment and give him $1200. I told him that I was tired of this and we would be out at the end of the month. There are multiple things that he has not repaired since we have lived here (11 months) and he has done nothing but lie about having people supposedly on their way to repair them. On the door on August 16 was a letter dated the 15th telling us to vacate the property. It stated that we were delinquent $1290 (rent plus late fees to that date). On August 17, I received the same letter via certified mail. Then I received an evition summons by the constable the same afternoon.
Here is the kicker... the SWORN documents he filled out to the court clerk state we are delinquent for JULY in the amount of $1200 and AUGUST for $1200... total delinquency $3040. (I think he failed math) And it stated that written notice to vacate was given on the 1st of August. In his written letter to vacate it is dated August 15th and states that he tried to call on August 5th and I failed to return his call.
I have a BANK STAMPED receipt for July rent and a carbon copy of August check. A letter from the bank has been ordered regarding the stop payment of the Aug check.
He has lied on two parts of the sworn documents to the court and to be honest I think he is nearing harassment.
What can I expect from the judge and is the fact that he lied on the documents going to play a factor in this case?
I do not feel that I should be evicted and that I should have that follow me for the rest of my life.
Also, a clerk at the court stated that if I vacate the property BEFORE the court date and return the keys to him before this date that when I show up in court and tell the judge that I have done so and left the house in good standing order that the case will be dismissed and off my record. Is it really this easy?