You can send a demand letter to your Landlord to comply with the Lease and your local laws regarding repairs and maintenance. If that doesn't work, you may need to file a claim in court.
@keira depends. If you are paying for a service, you are entitled to that service, or the Landlord is in breach of the lease. Of course, I can't actually read your lease to confirm this, but if that's true, you may have a valid legal claim on which to sue
As a landlord, I would allow an early termination with some sort of proof of her condition. However the rent needs to be current since the tenant still has legal possession. Then do the move out inspection and address the security deposit. And as a landlord who has been in rent court many times, I will say that no matter the outcome or ruling, the only people who win in court are the attorneys.
I agree that the court could have ruled that nonpayment cannot later be cured by a request for a reasonable accommodation. I think sending a notice to Vacate under these facts would have been proper, considering that February rent remained unpaid as of February 14. However, the Landlord failed to deliver a proper Notice to Vacate, and that error is ultimately what cost the Landlord the case.
@@LandlordAttorney - So many forms and procedures / procedural arguments. Oftentimes, it appears that the only thing missing is common sense … although I understand why the process exists in that it best guarantees impartiality. For those of us ‘non-lawyers,’ it’s just frustrating & daunting. The legal fees oftentimes make it cost prohibitive. I don’t know of a better system, just felt the need to gripe into the ether of the inter webs 😂
It seems to me that the landlord could have asked for proof that she dropped her enrollment locally and transferred to a different school. If in fact she was continuing in the original school, then an "accommodation" clearly was not necessary. Additionally, since she had stayed with the school for two months without paying rent she had adapted without accommodation. If I had her health issues and truly needed that accommodation I would have moved prior to going to court... Also, her choice of a doctor was just that; a choice. Were there no cardiologists locally? Seems to me that his only mistake was service of process!
The main issue is that the Landlord allowed opposing counsel to control the narrative. There are multiple issues wrong with this defense, but the Landlord's presentation is weak, and the Defendant won over the judge.
If the notice is filled out in the leasing office, how does property mgmt know whether to check 'Hand Delivered' or 'Posted inside Front Door' since they don't know if resident is home when delivery attempt is made? Can you check both?
That's one of the flaws of pre-marking documents like this. You can do this, but you might have to serve in some other way and explain it to the judge later. I always send ours by regular AND certified US mail.
WHY WOULD A LANDLORD RENEW MY LEASE FOR ANOTHER YEAR IF, I OWED CLOSE TO ONE THOUSAND DOLLARS IN BACK RENT? MY LANDLORD ALSO CLAIMS ON THE EVICTION NOTICE THAT I DIDN'T PAY THE UTILITIES BILLS.
Landlords do all sorts of silly things. I try not to think too hard on the "Why" in a Landlord case. As for utilities, in a Texas Eviction, utilities are generally a non-issue.
If you have a hostile tenant who is themselves or through their dog preventing the Landlord from accessing the property, that should be met with written notice of Default. Upon repeated violation, the Landlord should serve a Notice to Vacate and proceed with Eviction. I wouldn't recommend showing property with a hostile tenant or a dangerous animal. Too much risk.
How do you handle Landlords that do not maintain their property for their tenants?
You can send a demand letter to your Landlord to comply with the Lease and your local laws regarding repairs and maintenance. If that doesn't work, you may need to file a claim in court.
@@LandlordAttorney would this also be in a situation where a tenant is paying pest control fees with the rent and nothing is being done.
@keira depends. If you are paying for a service, you are entitled to that service, or the Landlord is in breach of the lease. Of course, I can't actually read your lease to confirm this, but if that's true, you may have a valid legal claim on which to sue
Move!
As a landlord, I would allow an early termination with some sort of proof of her condition. However the rent needs to be current since the tenant still has legal possession. Then do the move out inspection and address the security deposit. And as a landlord who has been in rent court many times, I will say that no matter the outcome or ruling, the only people who win in court are the attorneys.
I agree that the court could have ruled that nonpayment cannot later be cured by a request for a reasonable accommodation. I think sending a notice to Vacate under these facts would have been proper, considering that February rent remained unpaid as of February 14. However, the Landlord failed to deliver a proper Notice to Vacate, and that error is ultimately what cost the Landlord the case.
@@LandlordAttorney - So many forms and procedures / procedural arguments. Oftentimes, it appears that the only thing missing is common sense … although I understand why the process exists in that it best guarantees impartiality. For those of us ‘non-lawyers,’ it’s just frustrating & daunting. The legal fees oftentimes make it cost prohibitive.
I don’t know of a better system, just felt the need to gripe into the ether of the inter webs 😂
It seems to me that the landlord could have asked for proof that she dropped her enrollment locally and transferred to a different school. If in fact she was continuing in the original school, then an "accommodation" clearly was not necessary. Additionally, since she had stayed with the school for two months without paying rent she had adapted without accommodation. If I had her health issues and truly needed that accommodation I would have moved prior to going to court... Also, her choice of a doctor was just that; a choice. Were there no cardiologists locally? Seems to me that his only mistake was service of process!
The main issue is that the Landlord allowed opposing counsel to control the narrative. There are multiple issues wrong with this defense, but the Landlord's presentation is weak, and the Defendant won over the judge.
If the notice is filled out in the leasing office, how does property mgmt know whether to check 'Hand Delivered' or 'Posted inside Front Door' since they don't know if resident is home when delivery attempt is made? Can you check both?
That's one of the flaws of pre-marking documents like this. You can do this, but you might have to serve in some other way and explain it to the judge later. I always send ours by regular AND certified US mail.
WHY WOULD A LANDLORD RENEW MY LEASE FOR ANOTHER YEAR IF, I OWED CLOSE TO ONE THOUSAND DOLLARS IN BACK RENT? MY LANDLORD ALSO CLAIMS ON THE EVICTION NOTICE THAT I DIDN'T PAY THE UTILITIES BILLS.
Landlords do all sorts of silly things. I try not to think too hard on the "Why" in a Landlord case. As for utilities, in a Texas Eviction, utilities are generally a non-issue.
Excellent thank you for your teaching!!
You're welcome
Thanks!
If you have a hostile tenant who is themselves or through their dog preventing the Landlord from accessing the property, that should be met with written notice of Default. Upon repeated violation, the Landlord should serve a Notice to Vacate and proceed with Eviction. I wouldn't recommend showing property with a hostile tenant or a dangerous animal. Too much risk.
@@LandlordAttorney thanks!
MY PROPERTY MANAGER HAD SOMEONE FROM THE RENTAL OFFICE HAND DELIVER THE EVICTION NOTICE TO ME, ON APRIL 13, 2023.
That's probably acceptable under the code for a Texas case. Are you in TX or in some other state?
And why are you shouting, Nancy?
Sounds like you should move!
Interesting situation.
Glad you thought so. I figured the tenant defenses were different enough to feature in an Eviction case review.
Sounds like a “she” problem. Didn’t she know about her condition when she signed the lease?