WT Forums

Okay... I don't remember if anybody in the WT family/community is a "legal eagle," but I need at least some internet search help if anybody's got some free time at their desks this afternoon.

My fiancee and I have lived at our current house for about 3 years now. We lease the house, and for the majority of the time there we've had no major problems... the occasional something going wrong, but nothing major. Recently, however, our water heater busted and flooded half the house. Luckily nothing major was damaged, but the carpet (which we've never really liked anyway) in that half of the house was soaked completely and was subsequently pulled out.

Our house has been a total mess for the last month (+/-), and we were talking to our landlord (who in turn was talking to the owner) about the possibility of putting down tile or linoleum instead of carpet again, since the carpet is (we're estimating) as old as the house, <b><u>built in 1980!!!</u></b>

The owner apparently decided against the tile, and originally wanted to put <u>the same old carpet back in</u>, but the landlord was fighting in our favor to have new carpet installed. The owner was considering this, but the cost must've changed his mind (God forbid you have to install new carpet once in a 25-year old house), because he called the carpet guys and told them to put down the old carpet again.

My fiancee told the landlord that this was unacceptable, and that something else needed to be done. He agreed that we had a valid argument, but it was the "owner's decision." Now after three years the owner told the landlord (and subsequently us) <b><u>TODAY</u></b> (the 8th) that he wants us out by the 15th (one week from today).

Our lease unfortunately ended either Saturday or today, I don't have it in front of me to get the exact date, but we've had a 'verbal agreement' and the landlord/owner have cashed our checks without fail every month. We've tolerated quite a bit as far as the house goes, and we've made several improvements both out of our own pocket and with our own time and labor.

My question now is this: does anybody know any legal professionals, or a website, that could explain our legal rights in this situation? I'm pretty sure he can't just "kick us out" for wanting new carpet, and especially not with only one weeks' notice. Any help in this matter would be greatly appreciated.

Patrick McClellan, aka "Frogger"
kingfrogger@msn.com
Cell (817) 360-3648

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” Benjamin Franklin, 1759

What state do you live in? It makes a difference. I'm in Real Estate, and I know that here in Washington he can't kick you out like that. Check your phone book to see if there is something like a "renter's union" in your area.

Some people can't think for themselves so they vote democratic

Whoops...

Texas, Tarrant County, Arlington

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” Benjamin Franklin, 1759

LOOK AT YOUR LEASE,
DID IT SAY"TERMINATION TIME" AS IN HOW MANY DAYS YOU OR HE HAS TO NOTIFY YOU?
DID HE CASH YOUR CHECK FOR THIS MONTH? BECAUSE IF HE DID YOUR THERE UNTIL THE END.
I'D CALL A LAWYER AND SEE IF YOU CAN SUE HIM FOR "COST INCURED" LIKE MOVING,ANY PERSONAL PROP. DAMAGED AND SINCE YOU'VE BEEN"BASICALLY INCOVENANCED" BY HIM SINCE THIS THAT YOUR RENT SHOULD BE PRO-RATED AND REFUNDED.
PLUS YOU CAN ALWAYS SEE IF HE'S A "HUD" MEMBER AND THREATEN A COMPLAINT OR LIKE "JT" SAID A RENTERS UNION.
OR DO A REAL "PAIN IN THE ASS" MOVE AND CONTACT THE LOCAL TV STATION,NOTHING LIKE BEING ON TV TO GET THINGS DONE.

MONEY TALKS,B.S. JUST PILES UP.

_________________
\"Live Free Or Die\"

Going to check out the lease tonight...

I'm thinking this asshole's got nothing, but I've gotta do a little more research to be sure.

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” Benjamin Franklin, 1759

you need to find out if your covered by minimum standards in your community. basically is your owner a slum lord, you might still be kicked out but you could really turn up the heat on him on the way out.

If your landlord is going to be such an ass it would be smart to eventually stop leasing his property. But do it at your convenience and not his.

Marge: There's someone here who I think can help you. Homer: Who, Batman? Marge: No he's a scientist. Homer: Batman's a scientist? Marge: It's not Batman!

By law in most of the 50 states you have to be provided 30 days eviction notice.

That's 30 days from the day you are notified by registered letter or subpeona, and not a day before.



"Molon labe".
Leonidas, King of Sparta,
Thermopylae, 480 B.C.

http://www.ohiolandlordtenant.com/texas.html

http://www.atm.net/net/content/item.aspx?s=877.0.0.199

http://www.badlandlords.info/texas.html

Maybe these can help, some, kingfrogger.

"Live every day like it's the last, 'cause one day you're gonna be right!" Ray Charles (6/10/04 was the day)

_________________
\"Those who hammer their guns into plows
will plow for those who do not.\"
- Thomas Jefferson

Yeah, I've talked to a few people that have leased/are leasing properties that they own(ed), and my fiancee has talked to a couple of lawyers. Did some searching on the 'net last night, and found an extremely interesting tidbit...

If you ask the landlord/owner of a lease property to fix something that's broken or gone wrong with the property (that wasn't your fault, of course), they <u>cannot</u> attempt to evict you within <u><b>SIX MONTHS</b></u> of the request. It's considered "retaliation," and it's against the law... so much so that if I pursued it in court I could get one month's rent <b>plus</b> $500 <b>plus</b> court and/or moving expenses if it became necessary.

I haven't brought anything up to the landlord or the owner yet, since we're debating on whether or not to get an attorney involved (personally I think just mentioning the above info would get this all taken care of), but I'm pretty certain that the guy would rather shell out a few hundred bucks for some new carpet rather than pay for court costs, travel from Corpus Christi to Dallas/Ft Worth (4-5 hrs or a plane ticket) and start a big friggin' mess, only to get embarrassed and lose even MORE money when he has to pay us for all the b.s. he's caused... not to mention the fact that we could probably sue him for the conditions we've had to live in lately.

Anyway, I'll keep anybody that's interested updated with news as it comes along. Hopefully this'll all die down and the evil little man will go back into his cave...

Thanks to everybody for your help.

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” Benjamin Franklin, 1759

Keep us updated.

"Molon labe".
Leonidas, King of Sparta,
Thermopylae, 480 B.C.

Won't know anything until tomorrow. We're contacting a legal aide to give us our exact legal rights (then we're gonna torch the f&^%er).

Details to follow.

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” Benjamin Franklin, 1759