I moved from Houston to Dallas for a better job, I spoke w/ the property manager and told her the situation and she sd that it would be fine as long as I pay the rent or pay $1,800 for breaking the lease. So, I choose the cheaper way and paid monthly. The $ was taken out of my account each month and they changed the locks on my apartment and my mailbox. Which is an illegal eviction from what I found out online. So, I don't know what to do. I spoke to the supervisor( the person over the property man.) and she sd that that didn't sound right and will call me back... of course there was no returned call. I was 2 weeks behind on the rent for July due to a death in my family so I informed them of this and sd I will pay when I come to get my things out of my apartment on 7/30. No one was in the office, maintence wouldn't let me in, didn't recieve any eviction notice and I gave them a typed notice which I have a copy of that I was moving and will continue to pay the rent... What's next?
2006-09-07 09:01:35 · 10 answers · asked by marc ace 2 in Business & Finance ➔ Renting & Real Estate
I didnt break the lease, I paid the rent, I came for the inspection and the locks were changed.
2006-09-07 09:12:17 · update #1
You have been the victim of a self-help eviction and are entitled to damages. As long as you paid the rent, the apartment was yours. You didn't break your lease because your choice was "pay the rent", not "break the lease and pay $1,800". Even if you were two weeks late on your July rent, they still would have to follow due process in order to evict you.
You should have immediately gone to the courthouse and filed for an emergent hearing called an "order to show cause". The Judge would have ordered immediate access for you using police force if necessary.
Contact a lawyer who specilizes in landlord/tenant law in that area and go in for a consultation and hire them to do what needs to be done.
Self-help evictons are a real money-maker where I am. The most we ever got for a client who was evicted using the self-help method was close to $40,000.00.
Few landlords are stupid enough to do it, but when they do, we clean up on behalf of the client.
Stop calling the property manager. They aren't going to help you. Have your lawyer do the talking.
2006-09-07 09:50:28 · answer #1 · answered by BoomChikkaBoom 6 · 1⤊ 1⤋
2
2016-07-19 11:20:04 · answer #2 · answered by Julian 3 · 0⤊ 0⤋
You DID break the lease by not paying on time, as outlined IN THE LEASE. Sorry, they were allowed to change the locks once you are more than 5 days past the first of the month (assuming that is when rent is due.)
They likely put the eviction notice on the front door, like the usually do, and then later changed the locks after the notice period expired.
2006-09-07 09:43:11 · answer #3 · answered by Anonymous · 0⤊ 2⤋
When you broke the lease, you lost the right of posession of the unit. That fact that you continued to pay the rent is immaterial. There was no eviction, legal or otherwise. You owe rent until they relet the unit or the lease expires, whichever comes first. The landlord does have a duty to make a reasonable effort to relet the unit to limit your losses. Most courts would hold that 2 months is sufficient time under normal circumstances.
2006-09-07 09:08:57 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 2⤋
"terminated by a written notice given by either party to the other before the first day of any rental period and shall be effective on the last day of that rental period" - this means you needed to give the notice BEFORE the first. It is there so you can't get out mid-month. So yes, it means you can't get the 15 days back. You gave notice, and you vacated. You now have no right to re-enter, as it is not your residence. You are still not entitled to your money back.
2016-03-27 01:47:30 · answer #5 · answered by ? 4 · 0⤊ 0⤋
contact a lawyer
Most people wouldnt even have the decency to keep paying the rent like you did! And they can not change the locks on the place because you where two weeks late.
2006-09-07 09:05:52 · answer #6 · answered by Crystal L 3 · 0⤊ 1⤋
You were not living in the unit and you were late in paying the rent. The owners probably thought you had abandoned the unit.
2006-09-07 10:03:23 · answer #7 · answered by kingstubborn 6 · 0⤊ 2⤋
Talk to a lawyer. The consultation should be free. If you win they should be liable for your fees.
2006-09-07 09:10:03 · answer #8 · answered by grudgrime 5 · 0⤊ 0⤋
SharonLovesKeyLimePie has your answer!
2006-09-07 15:28:37 · answer #9 · answered by cooperbry 2 · 0⤊ 0⤋
How exactly have you been injured?
2006-09-07 09:20:34 · answer #10 · answered by Anonymous · 0⤊ 3⤋