How to stop an evil landlord?
August 28, 2008 1:20 PM Subscribe
What legal action can my aunt take against her landlord?
He's basically trying to get her to buy the house or get out.
My aunt just got into this house in Houston in May of this year. She has a year lease. Once she showed interest in buying the house, the landlord has been trying to get her to agree to buy the house.
- He sent a real estate woman to put a for sale sign in her yard and huge lock on the door. He lied several times and said he tried to get in touch with her by phone and email but she didn't get either of those.
- He's said that payments were late though they were postmarked and sent beforehand.
- The real estate lady has gotten into the house only once that she knows of and the only way she knew was because the lady's card was on the table. My aunt was given no notice.
- One other thing that I can remember is that he has tried to charge extra fees.
Is everything he's doing legal in Texas? She's not ready to decide if she's ready to buy the house so is there anything she can do to hold him off or make him stop completely without the chance of losing her house?
My aunt just got into this house in Houston in May of this year. She has a year lease. Once she showed interest in buying the house, the landlord has been trying to get her to agree to buy the house.
- He sent a real estate woman to put a for sale sign in her yard and huge lock on the door. He lied several times and said he tried to get in touch with her by phone and email but she didn't get either of those.
- He's said that payments were late though they were postmarked and sent beforehand.
- The real estate lady has gotten into the house only once that she knows of and the only way she knew was because the lady's card was on the table. My aunt was given no notice.
- One other thing that I can remember is that he has tried to charge extra fees.
Is everything he's doing legal in Texas? She's not ready to decide if she's ready to buy the house so is there anything she can do to hold him off or make him stop completely without the chance of losing her house?
I don't think any of it sounds illegal. Not ethical perhaps, but still legal. This stuff varies wildly from state to state though.
Here are my thoughts though:
Lots and lots of people rent out a house while they try to sell it.
Depending on the lease, the landlord or whoever the landlord lets in can go in the property with or without notice. It is after all the landlord's house.
Even if your postmark a check, it can still be late. Mail sucks and all.
posted by stormygrey at 3:06 PM on August 28, 2008
Here are my thoughts though:
Lots and lots of people rent out a house while they try to sell it.
Depending on the lease, the landlord or whoever the landlord lets in can go in the property with or without notice. It is after all the landlord's house.
Even if your postmark a check, it can still be late. Mail sucks and all.
posted by stormygrey at 3:06 PM on August 28, 2008
Depending on the lease, the landlord or whoever the landlord lets in can go in the property with or without notice. It is after all the landlord's house.
Via saslett's link:
Via saslett's link:
Unless the lease agreement says the landlord can enter your apartment or house, she has NO right to do so, except in emergencies and for routine inspections or repairs and, preferably, when you are given advance notice. In every residential lease (oral or written), a tenant has an implied right to peaceable, quiet enjoyment of the premises. A tenant also has a right of privacy in her own home.posted by wilko at 3:39 PM on August 28, 2008
There's nothing here to indicate the landlord is "basically trying to get her to buy the house or get out."
The landlord can sell the house with the tenant living there. The tenant, on the other hand, can stay to the end of her lease, and may even be able to renew the lease with the new owner.
All the rest is minor details and happens every day. Yes, it's not nice having the house you're renting shown to buyers while you live there, but that's the landlord's right, subject to the law and what's in the lease.
You're blowing a lot of smoke. A "huge lock on the door"? I expect this is a "lock box," which hangs from the door knob and contains the house key; it can be opened by a special key that only the r.e. agent has.
"... he has tried to charge extra fees." What does this mean? Was she billed according to the lease, or not? "Tried"?
Contact the Houston Tenants people for someone accustomed to dealing with situations like this.
posted by JimN2TAW at 5:09 PM on August 28, 2008
The landlord can sell the house with the tenant living there. The tenant, on the other hand, can stay to the end of her lease, and may even be able to renew the lease with the new owner.
All the rest is minor details and happens every day. Yes, it's not nice having the house you're renting shown to buyers while you live there, but that's the landlord's right, subject to the law and what's in the lease.
You're blowing a lot of smoke. A "huge lock on the door"? I expect this is a "lock box," which hangs from the door knob and contains the house key; it can be opened by a special key that only the r.e. agent has.
"... he has tried to charge extra fees." What does this mean? Was she billed according to the lease, or not? "Tried"?
Contact the Houston Tenants people for someone accustomed to dealing with situations like this.
posted by JimN2TAW at 5:09 PM on August 28, 2008
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posted by violetk at 1:29 PM on August 28, 2008