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Posted: 8/25/2006 6:14:07 AM EDT
[Last Edit: 8/25/2006 12:29:28 PM EDT by gringopistolero]
my wife works at the Apt complex we live in, and her boss is nuts. (she is a diagnosed bipolar, and menopausal)

her boss frequently does illegal things to tenants (extra charges, crazy evictions, and people getting harrased becasue 'she didnt like them')

so the boss is gossiping about my wife next door, and when she gets back to the office my wife is in, my wife asks her why she was talking about her.

the boss explodes, tells her she is fired, and that we have 5 days to move out.

we live in huntsville, and as many of you know, its a college town, and school just started. there are NO apartments, or anything for lease in town at all.

some extra info:

her employment at the office had nothing to do previosly with our housing situation. we get no special benefits, and our lease is for another 8 months.

I am pissed
Link Posted: 8/25/2006 6:15:15 AM EDT
Sue the bitch.
Link Posted: 8/25/2006 6:16:24 AM EDT

Originally Posted By Da_Bunny:
Sue the bitch.



+1
Link Posted: 8/25/2006 6:17:07 AM EDT
[Last Edit: 8/25/2006 6:19:17 AM EDT by JIMBEAM]
Threaten to speak to the company that owns the building if she fires her. Tell the boss that she will report her illegal activities. If that doesn't work, threaten tol sue for wrongfull termination.

If you have a lease I don't think the manager can evict you without cause. Call the property owner. Get some other people to call as well.
Link Posted: 8/25/2006 6:17:23 AM EDT
You have a signed lease. She has no grounds to evict you. The Sheriffs dept. would just laugh at her.
Link Posted: 8/25/2006 6:18:50 AM EDT
[Last Edit: 8/25/2006 6:27:32 AM EDT by ProGunFemme]
Take that bitch to court.

And since your wife worked there, maybe she could dig up any past evidence from her office (if she still has anything there) to back her up on previous BS evictions of other tenants and such.
Link Posted: 8/25/2006 6:19:38 AM EDT
[Last Edit: 8/25/2006 6:20:09 AM EDT by TomJefferson]
Link Posted: 8/25/2006 6:19:43 AM EDT
You don't have to go anywhere. And document everything that happens from this point on.

Link Posted: 8/25/2006 6:19:46 AM EDT
A lease is for both parties. You are bound to it's covenants just like they are. You have another 8 months there as long as you pay your rent Get a reciept for it too.

Worst case make them take you to court. you'll win.
Link Posted: 8/25/2006 6:19:59 AM EDT
[milton] I could burn the place down. that what ill do! [/milton]

Link Posted: 8/25/2006 6:20:34 AM EDT
Bust out your lease contract. I believe most allow 30 days for eviction. But I could be wrong.

EPOCH
Link Posted: 8/25/2006 6:20:35 AM EDT

Originally Posted By sc_beerbarge:
You have a signed lease. She has no grounds to evict you. The Sheriffs dept. would just laugh at her.


+1 Lawyer Up.
Link Posted: 8/25/2006 6:21:15 AM EDT
draw down!

hope you find a better place.
Link Posted: 8/25/2006 6:21:37 AM EDT
If I had knowledge of illegal activity by my boss, you can bet I'd have it documented.
Link Posted: 8/25/2006 6:25:36 AM EDT

Originally Posted By EPOCH96:
Bust out your lease contract. I believe most allow 30 days for eviction. But I could be wrong.

EPOCH


Hell, in Illinois, you get 30 days or more AFTER a court ordered eviction notice.

And that is without a lease contract.

Link Posted: 8/25/2006 6:28:59 AM EDT
You don't have to get out in 5 days.

Check your local laws.
Link Posted: 8/25/2006 6:29:59 AM EDT
I would definately check out the renters rights laws in your area and that bitch could get in a lot of trouble if you could get documentation of all this crap she has pulled. I would talk to other people in the building as well. Although I would probably just move (not in 5 days of course but 30 at the least) since I would not want to put up with someone like that as my landlord or boss!!
Link Posted: 8/25/2006 6:31:56 AM EDT
Hate to ask this but what is the name of the Apt. Complex? You can IM if you don't want to put it on here.

My Mother in law just moved into an apt complex in your town and if it's the same one I would like to warn her about the crazy mgr.

I would bet a call to the Management company that runs the property might go a long way to ease your problems with the manager.

Also, on your lease contract there is a number you can call to the regulating organization. I'm sure they can give you the skinny on eviction laws in Texas.

Good luck.
Link Posted: 8/25/2006 6:32:01 AM EDT
I am sure it varies from state to state, but it generally isn't easy to evict someone even with just cause. If your apartment lease has nothing to do with your wife's employment there, her boss is just blowing smoke.

Have her boss put everything in writing on company letterhead, and then talk to the management company or people who own the building. Explain to them what is going on. If you've been good tenants, things will probably go in your favor.
Link Posted: 8/25/2006 6:32:19 AM EDT
Link Posted: 8/25/2006 6:32:54 AM EDT

Originally Posted By The_Reaper:

Originally Posted By EPOCH96:
Bust out your lease contract. I believe most allow 30 days for eviction. But I could be wrong.

EPOCH


Hell, in Illinois, you get 30 days or more AFTER a court ordered eviction notice.

And that is without a lease contract.



I've seen judges allow 3 and 4 month long holdovers during the winter months. Of course the tenants run up the heat, let the utility bills pile up and trash the place in the meantime.

Check with a Landlord-tenant attorney in your area but in these parts if you have a lease and abide by its terms and conditions, you cannot be evicted until it expires.

Watch out for a landlord that will engage in constructive eviction (shutting off power, water, changing locks, etc.). If the landlord engages in any of that sort of behavior, contact an attorney IMMEDIATELY.

Here, that is a HUGE no no. In Illinois, you are required to use the process of law to evict and can be punished severely for using self help even if the tenant is a rotten deadbeat.
Link Posted: 8/25/2006 6:36:46 AM EDT


This woman is completely wrong IF her contract does not state a contigency for the apartment. Break out with that contract and read it line by line. If your wife agreed to her employment contract that states your apartment is contingent only upon grounds other than termination, you'll have a fight on your hands.

However, you DO have a case for unlawful termination. The state offers FREE lawyers for wrongful termination, and I advise you to contact one RIGHT NOW. Explain to them the circumstances, and then get all your documentation together and be prepared to go into their office and present enough evidence it will be an open and shut case. They'll tell you all the relevant documents they need. Don't be a fool and turn down a free advocacy lawyer erroniously believing they are no good.

These guys work for the state and will bust their ASS to win your case. Trust me. They won Camy and I an eviction case when the landlord accepted our money orders and never cashed them, then evicted us. Dumbass admitted it to the judge, too, stating he was ready for a change. The judge all but chewed him a new asshole for wasting the court's time. But through it all, our free lawyer was on top of everything!

Seriously, bro, find your state lawyer's advocacy number and present your case to them TODAY.

The problem with power is that some people are overwhelmed by it.
Link Posted: 8/25/2006 6:37:39 AM EDT
Keep us updated.........
Link Posted: 8/25/2006 6:38:48 AM EDT

Originally Posted By gks452:
If I had knowledge of illegal activity by my boss, you can bet I'd have it documented.


I did and then he died.
Link Posted: 8/25/2006 6:43:56 AM EDT
You do NOT have to get out in 5 days. Trust me. You can probably sue the crazy bitch into OBLIVION for shit like that.
Link Posted: 8/25/2006 6:44:24 AM EDT

Originally Posted By Da_Bunny:
Sue the bitch.


Amen.

Then fry her in garlic.
Link Posted: 8/25/2006 6:47:07 AM EDT
Tell her to file an eviction notice..................then you have 30 days to move out.
Link Posted: 8/25/2006 6:49:02 AM EDT

Originally Posted By gringopistolero:
my wife works at the Apt complex we live in, and her boss is nuts. (she is a diagnosed bipolar, and menopausal)

her boss frequently does illegal things to tenants (extra charges, crazy evictions, and people getting harrased becasue 'she didnt like them')

so the boss is gossiping about my wife next door, and when she gets back to the office my wife is in, my wife asks her why she was talking about her.

the boss explodes, tells her she is fired, and that we have 5 days to move out.

we live in huntsville, and as many of you know, its a college town, and school just started. there are NO apartments, or anything for lease in town at all.

some extra info:

her employment at the office had nothing to do previosly with our housing situation. we get no special benefits, and our lease is for another 8 months.

I am pissed




Just laugh in her face

Call the constable and tell them what happend bitch might get barred from her own property :)



ILING AN EVICTION

Evictions MUST be filed in the county and precinct where the property is located. Complete the “Eviction form” and have it notarized or sign it in front of one of the Court Clerks. Bring a copy of your “Notice to Vacate” along with the eviction form and any copies that you would like to have for your own records. We will charge for additional copies. You’ll be given a court date when you file your eviction with the Court.

What do I have to do to evict someone who is not paying rent?

There are basically four steps in the Eviction process:

1. The notice to vacate
2. Filing the Suit
3. Going to Court
4. Writ of Possession

1. The notice to vacate

If a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.

2. Filing the Suit

You must file an original petition with the Court and pay court costs of $72. These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.

3. Going to Court

You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.

4. Writ of Possession

If you have won your suit in Court, and the mandatory five day appeal period has passed, and the other party is still in the premises, you can file a Writ of Possession in Court. A Writ of Possession is a Court order to the Constable to place you in possession of the property. The Writ of Possession will cost you an additional $155.00, and may be requested at the JP office where the judgment is. The Constable of your particular Precinct can answer your questions about this Writ.


How long does it take to evict someone?

From start to finish approximately three weeks.

* 3 days from notice to vacate to filing of suit
* 8-10 days to serve the citation- The law requires the defendant have six days notice before the hearing.
* 5 days to appeal the suit following the hearing required by law.
* 2 days- The Constable is required by law to post a 24 hour vacate notice on the Writ of Possession

20-23 days is the minimum amount of time to evict someone in any County in Texas. It must also be noted that any eviction suit is subject to appeal to the County Courts-at-Law.


Is there a faster way to evict someone?

There is a remedy that can shorten the time period from 23 days to ten days if you prevail in Court. This is known as a Bond for Immediate Possession and includes a Notice to Defendant of the Bond for Immediate Possession. By filing a bond for immediate possession, the eviction process could be shortened provided the defendant does not request a trial or post a counter bond.

In a Bond for Immediate Possession, you are putting up a bond for surety or cash. If you lose your suit, you could lose all or part of your bond. It must also be noted that any eviction suit judgment may be appealed to the County Courts-At-Law. However, if the defendant requests a trial or files a counter bond, the length of time involved in a Bond For Immediate Possession will be about the same as in a normal Eviction suit.



Can I lock out somebody who is not paying their rent?
Can I be penalized for illegally locking someone out
if they owe me rent?

Sec. 92.0081, Texas Property Code: Removal of Property and Exclusion of Residential Tenant.

(a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed.

(b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from:(1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or (3) changing the door locks of a tenant who is delinquent in paying at least part of the rent.

(c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and (3) the amount of rent and other charges for which the tenant is delinquent.

(d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b) (3) unless: (1) the tenant is delinquent in paying all or part of the rent; and (2) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; and (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be paid during the landlord's normal business hours.

(e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b) (3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent.

(f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b) (3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent.

(g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c) (1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours.

(h) If a landlord violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and (2) recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord.

(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent.

(j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void.
Link Posted: 8/25/2006 6:49:23 AM EDT

Sounds like the bitch needs to be put in her place.
Link Posted: 8/25/2006 6:50:10 AM EDT
Read your lease and her employment agreement. That will tell you what you are entitled to and what rights the owner has.
Link Posted: 8/25/2006 6:51:34 AM EDT
I would find a new place to live. Do you want to live in a place with a crazy manager with keys to your apartment?
Link Posted: 8/25/2006 6:51:48 AM EDT
OP here is a link for you:


www.texastenant.org/
Link Posted: 8/25/2006 6:52:40 AM EDT



Call the constable and tell them what happend bitch might get barred from her own property :)



Bingo. Beat her to the punch by calling the constable's office. Lawyer up if you can afford it; if not head to the JP's office.
Link Posted: 8/25/2006 6:54:09 AM EDT

Originally Posted By RenegadeX:

Originally Posted By gringopistolero:

her boss frequently does illegal things to tenants (extra charges, crazy evictions, and people getting harrased becasue 'she didnt like them')


So then, knowing this, you no doubt saw this eviction coming and have taken the appropriate steps to prevent it. Good job.


Just to add to this, since you know her boss does illegal things and also has a key to your apartment, make sure your valuable stuff is secured somehow, particularly your guns.
Link Posted: 8/25/2006 7:08:08 AM EDT
You don't live in UPA, do you?
Link Posted: 8/25/2006 7:20:35 AM EDT
GP's Wife speaking

I talked with the owners and they said that legally I can stay until my lease is up. as long as i dont break any rules.

to all those wondering, it is Forest Gate Apts on IH45 N.

Thanks for the advice, this is why we love arfcom

Mrs. GP
Link Posted: 8/25/2006 7:29:17 AM EDT
get a lawyer - wrongful termination and wrongful eviction...

MAN - what a fuckin nut - sue her till she has to be on medicade for her prozac.
Link Posted: 8/25/2006 7:29:22 AM EDT
If I was in your situation, my goal would be to be out by the next morning. Personal saftey is more important to me than anything else.
Link Posted: 8/25/2006 7:41:34 AM EDT
I'd change the lock and stay put. Change the lock so the landlady witch wont use her to change the locks on you.
Link Posted: 8/25/2006 7:46:02 AM EDT
[Last Edit: 8/25/2006 7:47:17 AM EDT by SgtWhiting]

Originally Posted By out-a-ammo:
You don't have to go anywhere. And document everything that happens from this point on.



Unfortunately I have seen this many times as an LEO.

It sounds as though you are about to go through a stressful period with this person.

1rst, You and your wife keep your cool. NO MATTER WHAT !

2nd, keep a tape recorder handy at ALL TIMES. If she speaks to you, RECORD IT.

3rd, get a video camera, if she comes near you, RECORD IT.

4th, document everything she does.
Keep a daily diary.
This will be especially important if she calls the cops or a lawyer and legal docs start flying around. (Hint: Judges love Diaries for court purposes. Keep the entries basic but descriptive. No peronal comments)

And last, you have a lease, read it. All of it.
Know what you rights are and the owners rights.
Hope this helps.
Link Posted: 8/25/2006 7:47:15 AM EDT

Originally Posted By sc_beerbarge:
You have a signed lease. She has no grounds to evict you. The Sheriffs dept. would just laugh at her.


+1
Link Posted: 8/25/2006 7:54:12 AM EDT

Originally Posted By TomJefferson:
Research the eviction laws in your area, I think you will be surprised what your options are.

Forget getting even for in my experience that just makes you more miserable. Do what you have to to take care of your family then afterwards get even.

Tj


+1

IIRC, they have to go to court and get you served with an evict notice, by law they have to give you 30 days.

Laugh at her and tell her to fuck off.

Does she own the property? You might consider contacting the property owners.

Link Posted: 8/25/2006 10:29:13 AM EDT
I would simply emphasize: Ensure you have reciepts of all rents paid!!
Link Posted: 8/25/2006 10:39:07 AM EDT
Tell the landlord, FOAD. Change your locks and contact the PD for help on this whacky bitch. Also throw "SLANDER" at her and see if it makes her nervous.
Link Posted: 8/25/2006 10:42:41 AM EDT

Originally Posted By gringopistolero:
my wife works at the Apt complex we live in, and her boss is nuts. (she is a diagnosed bipolar, and menopausal)

her boss frequently does illegal things to tenants (extra charges, crazy evictions, and people getting harrased becasue 'she didnt like them')

so the boss is gossiping about my wife next door, and when she gets back to the office my wife is in, my wife asks her why she was talking about her.

the boss explodes, tells her she is fired, and that we have 5 days to move out.

we live in huntsville, and as many of you know, its a college town, and school just started. there are NO apartments, or anything for lease in town at all.

some extra info:

her employment at the office had nothing to do previosly with our housing situation. we get no special benefits, and our lease is for another 8 months.

I am pissed



Check the Texas Property Code
She should have a copy or know someone with access to it.
That sounds aweful quick. Especially if you are not owning them any back money.
Link Posted: 8/25/2006 10:43:16 AM EDT

Originally Posted By AssaultRifler:
I'd change the lock and stay put. Change the lock so the landlady witch wont use her to change the locks on you.


and get a webcam to document any entery into the apt.

Link Posted: 8/25/2006 11:14:25 AM EDT
Please listen to Richard. He does property mgmt and knows about what he speaks. He is also a very wonderful person and has much experience in this.

Also, you should listen to SgtWhiting. Document, record and video tape all contact. Keep a log.

Play your cards right, your wife may just end up with a management job in the end.

I've had issues with bi-polar co-workers before. It sucks no matter what, but in the end, they left and I stayed with the company. I even got a promotion.
Link Posted: 8/25/2006 11:34:06 AM EDT

Originally Posted By AssaultRifler:
I'd change the lock and stay put. Change the lock so the landlady witch wont use her to change the locks on you.


Read the lease carefully. Changing the locks without giving management a
key may be a violation of the contract. May be OK if the owners get a copy.
Link Posted: 8/25/2006 11:35:18 AM EDT
Don't move.


Let her try to evict - it will take months
Link Posted: 8/25/2006 11:40:50 AM EDT
Is the complex owned by MBS by chance?
Link Posted: 8/25/2006 11:50:43 AM EDT

Originally Posted By JIMBEAM:

Originally Posted By AssaultRifler:
I'd change the lock and stay put. Change the lock so the landlady witch wont use her to change the locks on you.


and get a webcam to document any entery into the apt.



Both good ideas, beware of any false charges she may bring.
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