Legal Question in Landlord & Tenant Law in Texas

Landlord Fraud? Foreclosure involved.

I have been renting a house for 2 years. On 6/ 1, I began calling landlord (almost daily) & leaving messages asking for lease (due on 7/1). Calls never returned . 6/ 22 or so, she came over & said that she'd been sick, but would have it done by or on 7/1. 7/1 rolled around, & I paid my rent, but got no lease as she was still ''sick''. After that, I called daily & left messages 2-3 times a day w/ no return calls. 7/23, they gave me a lease. I asked if they were selling or getting rid of the house. They said no, so I signed lease. 8/1 -paid rent. 3 days later I accidentally opened a piece of junkmail that came to my add. - advertisement saying house was being foreclosed upon. Took mail to landlord. He said it was taken care of. Came home & looked up laws. Called back 4 times w/in 2 days & left message asking for proof. No return calls. Obtained foreclosure notice filed 8/1 - auction 9/4, & stopped payment on rent check. Kept calling & leaving messages - no response. Landlord responded 8/9. I asked for proof - none forthcoming. I offered 1/2 month's rent & move out 15 - was told no. Found notice to vacate on door 8/9 (3 days). They were given $1350 in deposits & will not return if I pay rent. What do I do?


Asked on 8/11/07, 11:06 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Landlord Fraud? Foreclosure involved.

If the house is foreclosed, they must give you 30 days written notice, according to the property code. You are not evicted until a judge says you are evicted. But, you will have to move within thirty days. You will have to sue the owner for your deposit. However, you owe rent for the period of time you live there.

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Answered on 8/13/07, 12:48 pm


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