Legal Question in Landlord & Tenant Law in Texas

Foreclosure Disclosure??

My husband and I leased a home on August 1, 2004.

We paid the homeower a dep. of $1000. Rent is $1000 as well. The owner is a friend of a friend deal. The home was trashed by the previous tenants. A lot of work had to be done. We have been doing all the remodeling which included painting and wallpaper throughout, new carpet installed, new hardwood flooring installed. We paid to have the pool, which was black, pumped,treated, filled, and maintained. we hauled off 25 loads of trash. The home did have all appliances provided, but upon inspection the fridge had to be trashed and the oven didn't work. So now I have neither. I also purchased a $179 kitchen faucet to fit the existing sink due to the previous one was broken. We also provided (twice) all new locks and knobs for 4 exterior doors and I still have no back door knobs installed(2 holes). To date in cash for Aug & Sept we have paid $1400 of the $2000 that is technically due. Today the owner has changed the locks on the home without any advance notice due to nopayment of rent. He has not provided me with a key. He now will not accept my payment, in full, of one months rent and giving me 10 days notice to vacate. what are my rights to maintain residency for 30 days with notice?


Asked on 9/09/04, 1:18 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Foreclosure Disclosure??

Go directly to the closest Justice of the Peace and file a writ of re-entry. It is illegal to lock out a tenant even if you owe rent. If they want you out, they have to go through the eviction process. You should get an order from the judge which the constable will serve on the landlord ordering them to let you back in. You also have a cause of action against them for unlawful lockout. If you are paying rent on a month to month basis, they have to give you thirty days notice. If they are evicting you for nonpayment of rent, they only have to give you three days notice. In any case, you are not evicted until the Justice of the Peace says you are evicted.

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Answered on 9/09/04, 1:38 pm


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