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What’s Been Put In Writing?
Submitted by DakotaLegal on
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What’s Been Put In Writing?
Submitted by DakotaLegal on
What’s Been Put In Writing?
It’s interesting that the property management company told you not to pay rent. They can act as the agent of the owner, even when they give bad advice, and the owner is “stuck,” The first question is going to be who at the company told you that. It’s even possible that the person was a well-meaning person, who no longer works there. In a perfect world, that person would have told you “not to pay” and it would have been in writing. I’m betting that these statements were not put in writing.
One thing that is in writing is the Texas Tenant Rights Handbook from the Texas Bar Association: http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/ConsumerTenantRights/Tenants'RightsHandbook.pdf.
This is also an issue under Texas Consumer protection, and the State Attorney General has a brochure and contact information that may help: https://www.oag.state.tx.us/ag_publications/pdfs/tenant_rights.pdf.
Protect Yourself By Using Rental Escrow
In most of what has happened, in fact, it is pretty likely that you have not been getting many (or any) of these payment instructions in writing. If you have proof in writing, it will be difficult for them to evict you on June 1. You can immediately protect yourself, not by paying the property management company, but by going into Texas court and paying the past due amount into an escrow account. In the meantime, file a claim in court to protect your rights. Especially if it’s “your word against theirs,” and there’s no written lease, get a journal. Write down the estimated dates and the comments, as well as whom you talked to, all to the best of your memory. You obviously aren’t wanting to use the rules to avoid rental; using the small claims court (a Justice of the Peace court). A JOP court (http://www.courts.state.tx.us/courts/jp.asp) may help by forcing the estate administrator and property manager to follow the rules and communicate better with you.
Eviction Rules In Texas
In order to evict someone and follow Texas laws, there had to have been two different sets of notice to evict. Unfortunately, since 2008, there’s been some confusion about a new law, which seems to say a landlord can “simply” lock out a tenant who does not pay rent…but this is a misreading of the law. This rule only applies if the lease specifically allows for it, so check the lease you signed for any such language. It is possible, then, for the lease to allow for a faster process of eviction. BUT the landlord still needs a court order to change the locks without notice to the renter. https://www.oag.state.tx.us/agency/weeklyag/2008/0508tenant.pdf. The lease may give a 24 hour notice period for eviction: but there still must be notice of a court hearing on the eviction under Texas law.
In this case, there does not seem to have been any written notice...perhaps oral notice. But you are entitled to written notice of eviction and 30 days written notice at that.
So in addition to requirements that you usually must be notified, the eviction laws also give you rights to go into court, too. If you worry that paying back rent will still result in your being evicted, you can pay any money under dispute to the escrow of a court. There are private groups to help you understand the facts as they apply in your case. www.housing-rights.org.
Security Deposit Rules
Texas also protects you by requiring repayment of security deposits within 30 days. If they fail to explain any failure to give you back your entire deposit, then you also have a right to sue for $100 plus three times the total security deposit.
Other Issues?
There can be special rules when someone lives in property involving an estate. This is based on the legal fact that a contract often ends at the day of death. In reality, it usually takes a probate court to pass title of the rental, but the size of the estate makes a difference. At any rate, the death of an owner doesn’t short-circuit Notice rules. This may or may not apply in your case, since many leases are actually with a corporation, and not the individual owners of a corporation. This is why Texas law also allows you to find out how the property is owned. Refusing to give you this information can lead to fines and penalties against the owners or Estate.
What’s Been Put In Writing?
It’s interesting that the property management company told you not to pay rent. They can act as the agent of the owner, even when they give bad advice, and the owner is “stuck,” The first question is going to be who at the company told you that. It’s even possible that the person was a well-meaning person, who no longer works there. In a perfect world, that person would have told you “not to pay” and it would have been in writing. I’m betting that these statements were not put in writing.
One thing that is in writing is the Texas Tenant Rights Handbook from the Texas Bar Association: http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/ConsumerTenantRights/Tenants'RightsHandbook.pdf.
This is also an issue under Texas Consumer protection, and the State Attorney General has a brochure and contact information that may help: https://www.oag.state.tx.us/ag_publications/pdfs/tenant_rights.pdf.
Protect Yourself By Using Rental Escrow
In most of what has happened, in fact, it is pretty likely that you have not been getting many (or any) of these payment instructions in writing. If you have proof in writing, it will be difficult for them to evict you on June 1. You can immediately protect yourself, not by paying the property management company, but by going into Texas court and paying the past due amount into an escrow account. In the meantime, file a claim in court to protect your rights. Especially if it’s “your word against theirs,” and there’s no written lease, get a journal. Write down the estimated dates and the comments, as well as whom you talked to, all to the best of your memory. You obviously aren’t wanting to use the rules to avoid rental; using the small claims court (a Justice of the Peace court). A JOP court (http://www.courts.state.tx.us/courts/jp.asp) may help by forcing the estate administrator and property manager to follow the rules and communicate better with you.
Eviction Rules In Texas
In order to evict someone and follow Texas laws, there had to have been two different sets of notice to evict. Unfortunately, since 2008, there’s been some confusion about a new law, which seems to say a landlord can “simply” lock out a tenant who does not pay rent…but this is a misreading of the law. This rule only applies if the lease specifically allows for it, so check the lease you signed for any such language. It is possible, then, for the lease to allow for a faster process of eviction. BUT the landlord still needs a court order to change the locks without notice to the renter. https://www.oag.state.tx.us/agency/weeklyag/2008/0508tenant.pdf. The lease may give a 24 hour notice period for eviction: but there still must be notice of a court hearing on the eviction under Texas law.
In this case, there does not seem to have been any written notice...perhaps oral notice. But you are entitled to written notice of eviction and 30 days written notice at that.
So in addition to requirements that you usually must be notified, the eviction laws also give you rights to go into court, too. If you worry that paying back rent will still result in your being evicted, you can pay any money under dispute to the escrow of a court. There are private groups to help you understand the facts as they apply in your case. www.housing-rights.org.
Security Deposit Rules
Texas also protects you by requiring repayment of security deposits within 30 days. If they fail to explain any failure to give you back your entire deposit, then you also have a right to sue for $100 plus three times the total security deposit.
Other Issues?
There can be special rules when someone lives in property involving an estate. This is based on the legal fact that a contract often ends at the day of death. In reality, it usually takes a probate court to pass title of the rental, but the size of the estate makes a difference. At any rate, the death of an owner doesn’t short-circuit Notice rules. This may or may not apply in your case, since many leases are actually with a corporation, and not the individual owners of a corporation. This is why Texas law also allows you to find out how the property is owned. Refusing to give you this information can lead to fines and penalties against the owners or Estate.