Funny how a week changes everything

[dogday]

I had posted earlier in the week about complaints against my landlord... So much so, that my landlord does not want to renew my lease and I have to be out by the 22 of December, 3 days before Christmas...

Sometimes doing the right thing is a bitch... All I have gotten for my efforts is to get my family displaced at Christmas time and I am feeling guilty.. I keep telling myself, I did the right thing and everyone else does too, but it sure does not feel too good at the moment.

If it wasn't for people who stood up for change regardless of what it costs them, then we would of had no advancement of human rights. We must continue to stand up, no matter what the consequences will be.. If you are in the right, then do the right thing...

Last weekend I was trying to help Straight Story and donating money and time to the cause and feeling good about what I had done... Today I am crying because we have 6 days to find a place and move to it... We have been living here 14 years and it has been a good home for us....

Wish this Du'er luck, cause we are going to need it.......

[Schema Thing]

1. Can he really kick you out that quickly?

[dogday]

2. Unfortunately we have always paid by the

week. For 14 years it has worked well for us, so that is what we have done...

[China_cat]

3. Check with your county court.

I believe he has to give you 30 days, no matter how you pay.

[EFerrari]

6. Seconded. Check the law before you agree to anything

especially in writing!

:hug:

[dogday]

9. I will first thing tomorrow

He did this on Saturday, so everything is closed.. This is a retaliation process on his part and he is breaking the law.... But then again, he does not care... He bought this property a year ago and it has gone downhill... The only reason we stayed was so our Daughter could finish her last year at her elementary school and she gets special transportation.....

[Cleita]

23. Even if it's illegal, they can get nasty, like changing the locks

and then calling the cops when you get a locksmith to let you in. It happened to me when my mother died. She had paid her month's rent, so in order to pack up her stuff, I thought I had the rest of the month to do so, but the greedy landlord wanted her stuff out right away because he had already rented the apartment. When I asserted my rights, he changed the locks and then called the police on me. The police agreed with him and I had to get a US marshall to get them to agree at least to twenty four hours to get her property out and they made him refund the rent. However, it was a very unpleasant thing to have happen especially when you are grieving.

[dogday]

26. He tossed a woman's Urn with her Baby's ashes

into the dumpster with the rest of her things without benefit of the court... ABC did a news story on that and they are doing one on me... Makes for a sad Christmas story... Makes this guy look like Scrooge.....

[madmusic]

4. You have rights, especially with children...

Worth a look and a Google. Good luck.

[dogday]

10. This guy doesn't care about the law

He does not go through the JP court to do anything...

[BlackVelvet04]

5. How about a link to the background thread

I'm really sorry to hear you are going to have to move 3 days before Christmas. I hope you find an awesome place to live.....that might take the sting out of the whole thing.

Good luck!

[dogday]

11. Here it is

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2912490&mesg_id=2912490

[BlackVelvet04]

29. I have been in apartment management

and what I would suggest is that first you find another apartment and get that lined up. Have a place to move to asap. Understand that you need to have made your arrangements for another apartment before you further pursue anything to fight this manager further. And of course do not use him as a recommendation on your new apartment application. DO NOT GO INTO THE SITUATION AT THE NEW PLACE UNLESS YOU ABSOLUTELY HAVE TO. The rental agent may not understand your side and see you as a trouble maker and apartment management does not want or need trouble makers. Of course YOU AREN'T a trouble maker but not all agents or managers are understanding. They see things from their point of view.

Then I would report the manager to the local housing authority. Plus, you can sue him and you might want to contact the local news. Again, I would caution you to only do those things AFTER you have signed a lease on a new place.

If you can hold off moving until right after Christmas that would be good but as wrong as he is AND HE IS SO WRONG, you are never going to feel comfortable living there after all this goes down. I think you need to accept you are going to have to move on. NO, it's not fair, but it's probably reality.


One question: Is this the apartment manager or owner? That makes a difference. If it is the owner you really will probably have to move. If he is the manager you can appeal to the owner of the apartment or the owner of the management company for which he works.

[dogday]

30. Yes, we are doing exactly that

We will do that, cause we know how he his... My little girl is the one getting screwed.. First her presents stolen now her Christmas.... I sure would like to shove a Christmas tree, well that's another story for another day.....

It is the owner....

[tbyg52]

15. Here you go

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=2912490#2912499

And may I say that I *loathe* that landlord!

[notadmblnd]

7. has he just told you he wanted you out.. or has he gone to court?

you can make him go to court.. that will give you time to find another place.

[dogday]

12. He put a notice on my door he would not

be renewing my lease... If we stay, which we could, we are afraid he will cut our power off and we will be in the dark.. Yes he is supposed to go through the court, but this man is above the law.. He does nothing by the book... Even what he is doing to me is called Retaliation Eviction and he is not supposed to do anything to me for six months as long as I pay my rent...

I am being forced out for being a whistle blower...

[uppityperson]

18. sounds like you need to contact a lawyer

most big cities have free lawyers for quick issues for advice. Good luck and keep us posted please.

[dogday]

21. Am on that now, have been in contact

with legal aid since September about the fact he issues electric bills with no back-up and I wanted to find out how to get my backup.. But when my packages were stolen because of their neglect and they will not even talk about it, that was it... It is hard to get anything done on the weekend..

[uppityperson]

8. (most) states have landlord-tenant acts

It would be worth it to check and see what your state's one says as they usually have times needed to evict someone, warning times, etc, as well as whether or not they can make someone move during winter-time without another place to live, esp having kids (if you do).

Edited to add this, after researching TX
Go down to Title 8 on this page, sect 91.001 (c)
(keep clicking on links as they open to futher links)
http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm

http://www.thelpa.com/lpa/landlord-tenant-law/texas-landlord-tenant-law.html

this part is more readable but not sure if it is what you need
http://www.thelpa.com/lpa/landlord-tenant-law/texas-hud.html

Most places have pro bono attorneys, give free quick advice to people in need. Good luck and hope it works out.

[alfredo]

16. In my state is is a 30 day notice in writing.

[seriousstan]

13. If you are paying weekly you only get a weeks notice to leave.

As per your previou post......"I am like a dog with a bone and I am going to take a bite out of someone's ass...." .... it appears you picked this fight poorly.

[dogday]

14. Thanks for the help

I alway love these post from someone who just wants to kick you while you are down..

[mac56]

24. Don't pay attention to jerks who kick you when you're down.

You almost certainly have additional options here.

Don't let the b*st*rds get you down.

[dogday]

27. I really appreciate that

big hugs :hug:

[judaspriestess]

17. if you really want to stay there keep paying your rent

and let him evict you. He has to go to court to do that. A notice will be put up by usually the sheriffs dept and you have thirty days to move. It HAS to be done this way. If he tries to cut off your power then call the news stations, the city ordinance etc. Good luck and best wishes.

[Labors of Hercules]

22. Yep, let them evict, but watch out...

A lot of Property Managers (even those that are CAM) are clueless when it comes to properly executed evictions.

Let me ask one simple question: Is he still accepting your rent payments?
If so, let him try to evict you, bring your receipts and show them to the Magistrate (or District Judge). If the landlord continues accepting rent while trying to evict you, even if he sent you a notice of non-renewal per your lease, the eviction will be dismissed for payments received.

If he refuses your rental payments, then you can request a continuance for up to 30 days in most states in preparation for vacating the premises. If you vacate within those 30-days, the landlord will have no choice but to dismiss.

[mac56]

25. I think to make this work you have to pay your rent to an escrow account

and show the court that you're doing that.

[novalib]

19. Find A Lawyer and SUE SUE SUE!!!!!

I'm no lawyer, but I think you might have a case to SUE THAT BASTARD SCUM of a LANDLORD!!!!!

He wants to throw you, and YOUR CHILDREN out on the STREET in the WINTER????!!!!

Even in HOUSTON, THAT has to be AGAINST THE LAW!!

Go find some pro-bono lawyer (check with the local Law School) and find SOMEWAY to STOP the Landlord!!!

THEN SUE HIS ASS!!!! You may even GET HIS PROPERTY!!!!!

[Nashyra]

20. He can not turn off your power

Also check with the local authority's. Even if you pay weekly an eviction notice has to be signed by you to take effect in a five day BUSINESS process. In most states it takes a minimum of 7 days, they also have to mail it to you and in NV it is 9 days if you just get a posting.

Go to the local small claims court and get a copy of what your choices are right now. You do not have to be out in a week just because you pay weekly, you do need to ask questions quickly as to what your next step should be though.

[sendero]

28. In TX...

... he will have to formally evict you. He cannot make you leave with a one week notice, I'm 99% sure of that.

[WinkyDink]

31. Is there any place, any at all, where you can become the owner? No more

money up in smoke?

[dogday]

32. You will have to remember not everyone

can afford a home or afford a place to own.. We are just now beginning to realize our financial future.

It is money up in smoke, but for those who can afford it... The rest of us just try to survive...