aachudneymiles Posted April 28, 2007 Report Share Posted April 28, 2007 Hello all I need some help if there are any loops holes for this ..in texas haven got the eviciton court papers yet. have got 3 day noticeok heres the story I am in texas my father died and had no insurance, I had to pay for cremation and so forth.. wasnt able to pay rent until 27th day... well anyways ( in begining of month I called and told them situation . on 27th I called to pay (recorded the call too) the lady took payment and I ask if I paid would it stop me from being evicted.. she said yes and I could come to office to pick up paper saying so if i would like. I called back lease office to get confirmation and another person said the first girl wasnt aware of the eviction already being filed.. (what a lie the first lady told me it was file that today same day I tried to make the payment) and I was told this in exact words... you need to keep your money and find another place to live. THE LEASING OFFICE HAVING BEEN CALLING MY HUSBANDS JOB GIVING INFO ABOUT US AND ALSO SENDING UNTRUE FAXES ABPUT THE SITUATION. I dont mind moving (happy too) but the eviction on my record I hate ... is there anything i can do??UPDATE: 5/8/07 OK so my husband got his order to move to VA and since we are not evicted (court tomorrow) i faxed over a intent to move and per military clause with 30 days notice. Well I told husband to drop off a copy in person so they wouldnt pull the we never got it card. Anyways husband go in and to our surprise after this B*** saw the letter she didnt want to take it then she said i will file it . and asked us if we wanted to stay we could just pay the 1700.00 owe and they will drop the case tomorrow//.. what a joke we offered to pay and was told to keep are money and use it to move else where. is she playing I think because she realize with the military clause she cant get any more money out of us beside the 2 months we have been here. I just knew she wanted to take us to court and evicted us so we would be in default of lease and have to pay all the way up to sept. Well can wait to see judge tomorrow. i have some things to express Link to comment Share on other sites More sharing options...
kevin3344 Posted April 28, 2007 Report Share Posted April 28, 2007 Do they evict people now for being 27 days late?!? Wow, I know people who are late all the time and they don't get evicted. Maybe threatened, but they don't actually go through with it.she said yes and I could come to office to pick up paper saying so if i would likeDo you have anything in writing from them? Link to comment Share on other sites More sharing options...
MissSilence Posted April 28, 2007 Report Share Posted April 28, 2007 Each lease states the due date for rent and any grace period you may have, if rent is not paid by the grace period then they can choose to either terminate the lease or accept the rent with the additional late fee...........check your lease it will say on there. Here is some info I found for Texas evictions hope this helps1. The notice to vacateIf a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.Did you recieve a notice to vacate? Make sure you check your mail. Or did they just say on the phone that they had filed for eviction?? Does your lease give them the option of not having to send the notice to vacate?Also when the you paid the woman over the phone did you pay any late fees that your lease might require? If so that might limit their ability to successfully evict you. Link to comment Share on other sites More sharing options...
sambabchip1 Posted April 28, 2007 Report Share Posted April 28, 2007 They cannot throw you out for 27 days late. it take months to remove someone., judges, paperwork, ext, if only 1 month ie 27 days late , send the check, if they return it and try to still remove call a lawyer.dont worry.sam Link to comment Share on other sites More sharing options...
kevin3344 Posted April 28, 2007 Report Share Posted April 28, 2007 That's what I was getting at sam, esp. since she called and told them at the beginning of the month! I might look for a new place just based on the fact they can't be understanding...geez. Link to comment Share on other sites More sharing options...
sambabchip1 Posted April 28, 2007 Report Share Posted April 28, 2007 but hay, if they are giving away free $( lawsuit) , an you know what i mean why not let them dig their own hole, they landlord wnat the place maybe to rent higher .so we can help them out and take the money...sam Link to comment Share on other sites More sharing options...
aachudneymiles Posted April 28, 2007 Author Report Share Posted April 28, 2007 yeah I came home to a 3 day notice... I was wondering cant they sent a fax to my husband job about our status with them or are the subject to fair collection act because they are trying to collection at debt also can they threat to do things that they cant do,.. see I am thinking I may have to contact a lawyer on this one. Link to comment Share on other sites More sharing options...
MissSilence Posted April 28, 2007 Report Share Posted April 28, 2007 Sounds like they gave the written notice required by texas tenant laws. Did the notice say that you could either pay your rent and late fees or move or did it just give the option for moving out???You should really look at your lease to see if it gives a specific grace period while late fees would be added during that time they wouldn't file for eviction until the end of that grace period. The complex I managed for years had a 15 day grace period with a late charge of $5 per day till paid, if the rent and late fees weren't paid by the 15th day then we sent the notice to vacate then proceeded with the eviction.So check your lease and see what it says Link to comment Share on other sites More sharing options...
kevin3344 Posted April 28, 2007 Report Share Posted April 28, 2007 Is the 3 day notice the intent to evict? Because I'm sure you can't find a place to move in 3 days. As for the fax, unless someone specifically asks for a fax (like a summary of the charges) I would say no, they can't do that. It's not in the FCRA, it's just good business. How did they get his fax number anyway? Even if you know where I work, we have like 4 fax machines..you'd have to find which one to send it to. Link to comment Share on other sites More sharing options...
aachudneymiles Posted April 30, 2007 Author Report Share Posted April 30, 2007 Is the 3 day notice the intent to evict? Because I'm sure you can't find a place to move in 3 days. As for the fax, unless someone specifically asks for a fax (like a summary of the charges) I would say no, they can't do that. It's not in the FCRA, it's just good business. How did they get his fax number anyway? Even if you know where I work, we have like 4 fax machines..you'd have to find which one to send it to.will first she call my husbands job and asked to speak with his boss and told him we had paid are rent then I guess that person was nosey and requested info. and I got the court date papers today may 9 I have to be in court.I was wondering since she was trying to collected a debt the would she be subject to fair collection acT? Link to comment Share on other sites More sharing options...
Ahntara Posted April 30, 2007 Report Share Posted April 30, 2007 I'm sorry for your loss and your current troubles."...wasn't able to pay rent..."This is really all any creditor is interested in. They just want the money owed."...keep your money and find another place to live..."Sounds nice of them. This is not legal action, isn't required on their part and shouldn't be expected to mitigate the eviction process which they have to follow to take possession of their property."...evict...for being 27 days late..."My leases were always written that eviction would begin at the earliest allowable time...in my county that's 3 days. When a tenant was late, a $25 charge per day was assessed. The tenant could pay the rent plus those fees in that time to avoid eviction. At 8:00am of the 4th day I filed the paperwork. Five days later they were locked out by a sheriff's deputy."...they can't be understanding..."Their understanding is not an issue here. You owe money that is due monthly. They have a right to receive that money and to take action to recover what is due. This isn't a personal attack, just business. Most property owners can't afford to have rental units occupied by non-paying tenants for any extended amount of time. My rental units paid mortgages on those properties and were income. I couldn't afford not to get paid on time each month nor a late payment on a mortgage loan."...you can't find a place to move in 3 days..."The time periods are not designed nor purposed to give a delinquent tenant time to find another place to live. That issue is no one's but the tenant. It's not something a LL should have to concern themselves with. They only have to do what the law and the rental contract dictates."...subject to the fair collection acT..."As the OC, a LL would not be subject to the FDCPA. You may wish to read Landlord/Tenancy laws for your state and to see if locally there are other provisions. Your inability to pay is not a defense to eviction, but you can make sure all laws are being followed. Link to comment Share on other sites More sharing options...
Methuss Posted April 30, 2007 Report Share Posted April 30, 2007 I'm a landlord so I can answer this for you. Now keep in mind it can be different from State to State and my knowledge is based on Illinois, but it should be similar.The 3 day notice you got is called a notice to pay or quit. If you pay, and they accept the payment, the notice FAILS.When you are served with the notice to appear, you MUST go to court. If they accepted a payment after the notice, take your receipt for the payment you made with you to show you have cured the problem and state an affirmative defense that the landlord accepted payment in full for the rent due. Also bring up the extenuating circumstances in that you had to make final arrangements for your relative.If they are refusing payment in full, bring that up with the judge as well. Given your circumstances he may order them to accept payment and reinstate your lease...yes he CAN do that.And if all else fails, the judge could order you to leave. Ask for the order of execution to be stayed so you have time to find another place. The judge should reasonably grant 2 to 4 weeks as long as you pay the rent for that time once you leave. This would be a big up-yours to the landlord because they cannot collect the money for the time you are allowed to remain in the rental until the stay is lifted. Link to comment Share on other sites More sharing options...
astiman Posted April 30, 2007 Report Share Posted April 30, 2007 I, too, am a landlord.The post:"My leases were always written that eviction would begin at the earliest allowable time...in my county that's 3 days. When a tenant was late, a $25 charge per day was assessed. The tenant could pay the rent plus those fees in that time to avoid eviction. At 8:00am of the 4th day I filed the paperwork. Five days later they were locked out by a sheriff's deputy."shows that undeniably there are unfeeling, bottom dwelling landlords out there.I am proud to NOT be one of them. Link to comment Share on other sites More sharing options...
Ahntara Posted April 30, 2007 Report Share Posted April 30, 2007 And yours: "...undeniably...unfeeling, bottom dwelling..."shows that their are posters out there who are judgmental and have difficulties with comprehension. I am proud not to be one of THEM.I resent your characterization and insult. Link to comment Share on other sites More sharing options...
Methuss Posted April 30, 2007 Report Share Posted April 30, 2007 I, too, am a landlord.shows that undeniably there are unfeeling, bottom dwelling landlords out there.I am proud to NOT be one of them.That's hardly fair. Landlording is a business. If you don't treat it as such you will loose money every time. It's also a business that you need to have the stones for. I learned the hard way about being too nice and giving too many chances -- and you can read about that in the "Chronical of an Eviction" sticky in this forum for proof.The only thing I'd say about Ahntara's post is that $25 a day with unlimited piling on would probably not fly in most State courts. Without a cap on how much can accumulate a court would deem it unconscionable and probably throw out the fees. My leases state that any payment after the first is considered late but a $75 flat-fee doesn't come into play unless it it more than 5 days late. I send out monthly account statements to my tenant by mail (15 days before the payment is due) so I can use "account stated" rules for evidence of the debt.Oh, and cool the jets on general name-calling. Link to comment Share on other sites More sharing options...
aachudneymiles Posted April 30, 2007 Author Report Share Posted April 30, 2007 thnx for all the help... I mean i offered to pay all the fees and everything even court filing stuff over a 1000.00 when my rent is only 680.00 but they said they would like to evict soo ole well. and by the way the manager hates my husband so i know why she didnt want the money .. I thank everyone once again for thier time and help. I will update after court Link to comment Share on other sites More sharing options...
RSB Posted May 1, 2007 Report Share Posted May 1, 2007 I was a landlord in Texas and had many problems with renters not paying. Eviction is not easy. Link to comment Share on other sites More sharing options...
astiman Posted May 1, 2007 Report Share Posted May 1, 2007 Apologize for the "name calling."Just irks me when I see someone being callous, whether deliberate or not. Link to comment Share on other sites More sharing options...
Methuss Posted May 1, 2007 Report Share Posted May 1, 2007 Apologize for the "name calling."Just irks me when I see someone being callous, whether deliberate or not.Unfortunately being callous is part and parcel for the job of being a landlord. Sure you can have good tenants, if you are lucky. But if you do pull a bad one you simply must protect your property interests. If that means evicting a family of 4 in the middle of winter, you have to be able to do that. That is the lesson I just learned the hard way.But enough of that. Screening a tenant is the thing you have to learn how to do. Because it is a lot harder to get a bad tenant out than it is to not let them in.It seems like after getting a bad hand, I'm getting a better quality tenant the second time around. Lesson learned. Link to comment Share on other sites More sharing options...
Ahntara Posted May 1, 2007 Report Share Posted May 1, 2007 "Apologize for the "name calling"..."And yet,"...callous..." Link to comment Share on other sites More sharing options...
astiman Posted May 2, 2007 Report Share Posted May 2, 2007 Apparently I have had the luck of having good tenants....i just couldn't imagine putting someone out or treating this as only a business.Thanks for the eye-opening explanations, all! Link to comment Share on other sites More sharing options...
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