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

No, they cannot do this. She needs to get in touch with her local housing authority, or the Sheriff's office.

Personally, I'd report a break in, and inform the police that I have a suspicion that it's in the landlord's office.

Answer 2

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 3

the comparable good factor occurred to me years in the past. i replaced into at artwork and have been given a call from the administration place of work saying that on account that i replaced into previous due on my lease they took my television and stereo. (those have been the only issues I had that have been somewhat worth something then) i replaced into basically 17 and could no longer arise w/the money, so as that they ended up evicting me. I have been given my stuff returned a pair weeks later as quickly as I paid notwithstanding they suggested I owed. i'm quite particular it wasn't criminal, because of the fact there has in no way been something on my condominium history approximately ever having lived there. I in no way did seem at my lease b/c i did no longer comprehend something approximately renting. in spite of the undeniable fact that it somewhat is available that they've further a paragraph to the lease that she signed, and if it somewhat is the case they'd flow in and take her stuff. however the familiar TAA lease does no longer have that on there. She desires to study her lease, and if she has lost her replica, she desires to get one from the home supervisor.

Answer 4

No, not without a court order. The order should be for eviction, not seizure. She might want to consider filing criminal charges against the manager; make a police report and see what they say about the situation.

Answer 5

It depends on the lease. An ethical landlord would not do this, but if it was put on the lease she has no recourse.

Answer 6

pay your rent and if you were a good boyfriend collect the tele yourself, lesson learnt, could of been a lot worse