if you are behind 1 month on rent, can the apt manager come into your house unannounced and size your things?

Question

My girlfriend was not home at the time, and the apartment manager came in and took her TV, and when she paid the rent, they promised to bring it back, and now they are saying she ( a 95 pound asian girl ) has to come get it herself. She lives in TX

Answer 1

This is completely illegal. An apartment manager has to give the tenant warning that they are coming in unless of an emergency. They can not sieze a tenant belongings. She needs to call the police and state that the landlord came into her home and took her belongs.

Here's the thing: even if she signed a contract stating that the landlord can come in and sieze her belongings if non payment of rent that contract is noll in void in court. Every state has laws to protect the landlord and the tenant and these laws over ride the contract. The landlord coming in the home without notice and stealing her things is probably illegal in every state. Tell you gf to get her rental agreement out and then call the police. She can also put in an complaint with the Housing Authorities. The landlord can not legally evict her because of the actions she takes either.

Answer 2

The same exact thing happened to me years ago. I was at work and got a call from the management office saying that since I was late on my rent they took my tv and stereo. (those were the only things I had that were worth anything then) I was only 17 and couldn't come up w/the money, so they ended up evicting me. I got my stuff back a couple weeks later when I paid whatever they said I owed. I'm pretty sure it wasn't legal, because there has never been anything on my rental history about ever having lived there. I never did look at my lease b/c I didn't know anything about renting. But it is possible that they have added a paragraph to the lease that she signed, and if that's the case they can go in and take her stuff. But the standard TAA lease does not have that on there. She needs to read her lease, and if she has lost her copy, she needs to get one from the apartment manager.

Answer 3

I answered this question correctly when you posted it in the Rent & Real Estate category. As unbelievable as it may sound ... in many parts of Texas this is legal. Certain areas have ruled it unconstitutional, but Texas law allows it. As long as the landlord followed the law, he can do this to her. Your friend should have read her lease. The law says that the property must be returned, but it doesn't specify if returned means released to the owner or if they have to physically bring it back. Texas Property Code Title 5 Chapter 54 Landlords Liens says so. SUBCHAPTER C. RESIDENTIAL LANDLORD'S LIEN § 54.041. LIEN. A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room. Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan. 1, 1984. § 54.042. EXEMPTIONS. A lien under this subchapter does not attach to: (1) wearing apparel; (2) tools, apparatus, and books of a trade or profession; (3) schoolbooks; (4) a family library; (5) family portraits and pictures; (6) one couch, two living room chairs, and a dining table and chairs; (7) beds and bedding; (8) kitchen furniture and utensils; (9) food and foodstuffs; (10) medicine and medical supplies; (11) one automobile and one truck; (12) agricultural implements; (13) children's toys not commonly used by adults; (14) goods that the landlord or the landlord's agent knows are owned by a person other than the tenant or an occupant of the residence; and (15) goods that the landlord or the landlord's agent knows are subject to a recorded chattel mortgage or financing agreement. Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26, 1985. § 54.043. ENFORCEABILITY OF CONTRACTUAL PROVISIONS. (a) A contractual landlord's lien is not enforceable unless it is underlined or printed in conspicuous bold print in the lease agreement. (b) A provision of a lease that purports to waive or diminish a right, liability, or exemption of this subchapter is void to the extent limited by this subchapter. Acts 1983, 68th Leg., p. 3561, ch. 576, § 1, eff. Jan. 1, 1984. § 54.044. SEIZURE OF PROPERTY. (a) The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace. (b) Immediately after seizing property under Subsection (a) of this section, the landlord or the landlord's agent shall leave written notice of entry and an itemized list of the items removed. The notice and list shall be left in a conspicuous place within the dwelling. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent. (c) Unless authorized in a written lease, the landlord is not entitled to collect a charge for packing, removing, or storing property seized under this section.

Answer 4

As unbelievable as it may sound ... in many parts of Texas this is legal. Certain areas have ruled it unconstitutional, but Texas law allows it. As long as the landlord followed the law, he can do this to her. Your friend should have read her lease.

Texas Property Code Title 5 Chapter 54 Landlords Liens says so.

SUBCHAPTER C. RESIDENTIAL LANDLORD'S LIEN

§ 54.041. LIEN. A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room.

Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan.1,1984.

§ 54.042. EXEMPTIONS. A lien under this subchapter does
not attach to:
(1) wearing apparel;
(2) tools, apparatus, and books of a trade or profession;
(3) schoolbooks;
(4) a family library;
(5) family portraits and pictures;
(6) one couch, two living room chairs, and a dining table and chairs;
(7) beds and bedding;
(8) kitchen furniture and utensils;
(9) food and foodstuffs;
(10) medicine and medical supplies;
(11) one automobile and one truck;
(12) agricultural implements;
(13) children's toys not commonly used by adults;
(14) goods that the landlord or the landlord's agent
knows are owned by a person other than the tenant or an occupant of the residence; and
(15) goods that the landlord or the landlord's agent knows are subject to a recorded chattel mortgage or financing agreement.

Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26,
1985.

§ 54.043. ENFORCEABILITY OF CONTRACTUAL PROVISIONS. (a)
A contractual landlord's lien is not enforceable unless it is
underlined or printed in conspicuous bold print in the lease
agreement.
(b) A provision of a lease that purports to waive or
diminish a right, liability, or exemption of this subchapter is
void to the extent limited by this subchapter.

Acts 1983, 68th Leg., p. 3561, ch. 576, § 1, eff. Jan. 1, 1984.

§ 54.044. SEIZURE OF PROPERTY. (a) The landlord or the
landlord's agent may not seize exempt property and may seize
nonexempt property only if it is authorized by a written lease and
can be accomplished without a breach of the peace.
(b) Immediately after seizing property under Subsection (a)
of this section, the landlord or the landlord's agent shall leave written notice of entry and an itemized list of the items removed. The notice and list shall be left in a conspicuous place within the dwelling. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent.
(c) Unless authorized in a written lease, the landlord is not entitled to collect a charge for packing, removing, or storing property seized under this section.

"Texas law may provide for liens on unexempt property, blah, blah, blah.....but they still have to start with a judgment from the court, and a constable has to execute the seizure" Sorry ... but that's NOT what the law in Texas says, which is where the subject of this question lives.

Answer 5

Although I do not live in Texas, I have lived in two other states and this would be considered illegal for TWO reasons-
*Breaking and entering
*Theft
In most states there are laws in place to protect the tenants from such landlord abuse. Some countries do not have this, so I am going to assume her landlord is foreign and is still thinking in terms of the country he (or she) came from. In America, however, there are certain laws to follow. If your tenant is not paying the rent, and ignoring the notices, you can start the eviction process by giving them a 30 day notice to evacuate or be forcibly removed from the premises.

For the laws specific to Texas, you can use this website:
http://tenant.net/Other_Areas/Texas/txlihs/tenadvis.html

In the first section you can click on a link to "Landlord/Tenant Attorney Desk Manual" then scroll down and click on the link that says "Improper Entry"
You will find specific information you can use against the landlord (I am not allowed to copy and paste due to copyright laws).
I wish you and your friend the best of luck. It sounds like you can call the County Attorney General on this landlord.
To find your county attorney general, go to this website
http://www.oag.state.tx.us/index.shtml
and click on the word "Links"
Then click on "county governments"
I hope this answer helps.
:)

Answer 6

Your girlfriend needs to file a complaint w/ the police department for burglary.......landlords are bound by very specific entry rules, and late rent doesn't qualify.....further, you should drive her down to the local small claims court and request a hearing on landlord violations.

Texas law may provide for liens on unexempt property, blah, blah, blah.....but they still have to start with a judgment from the court, and a constable has to execute the seizure....

Her landlord is so wrong here.....Girlfiend has rights but she has to exercise them.....Here in AZ, if a landlord screws up and violates the Landlord/Tenant Act.....the tenant is awarded "double damages."

The fact that your landlord committed a crime by illegally entering the residence and stealing a television....is frightening.....I'd also ask the judge to release her from the lease and get a new place fast......

Answer 7

That is absolutely illegal.

1. Your landlord must give notice that he/she will be entering your home - usually 24 hours.
2. Your landlord cannot remove any belongings from a tenant's apartment for any reason.

I suggest your gf call the cops and let them know that her TV has been stolen and where to find it.

Answer 8

.Knowing her rights is important, no she has to do everything legal ,she"s got to take you to court and you will need to answer the summons as to why you have not paid your rent and in every state I have heard you have to be behind at lease 2 months before any papers can be filed, unless she has to fix something she do not need to come into the apt,if tha management needs to come in she needs to contact the tenant, at lease 24 hour notice if the landlord remove anything ,she could be liable for broken or missing items .knowing her rights as a tenant is important tell your friend to contact the landlord and tenant court in her area .Good Luck you her

Answer 9

I go get it for her then report these people to the renters assoc. and file a complaint with them. Also call the police and make a report. they can take you to court for none payment of rent, but I'm sure what they did was against the law.

Answer 10

That doesnt sound right. I'd look in to the legality of the landlords coming in to your apartment and taking your belongings. I can see them threatening to evict you...because basically the apartment is THEIRS...but taking YOUR belongings does not sound right. I'd check the paper's you signed and the rental agreement to see what it says.