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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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My land lord is evicting me based upon erroneous information

Customer Question

my land lord is evicting me based upon erroneous information and is not willing to change her position even after a conference explaining the true facts of the situation she waas adamant and rigid demeanor
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can you give me some more of the back story here and some more details about your situation?

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What state are you in?

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Are you under a fixed term lease or are you month to month?

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What is your legal question I can help with this afternoon?

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thanks

Barrister

Customer: replied 2 months ago.
TX
FIXED 1 yr
I have recently lost my wife and sold our home and moved into an apt on Aug 18. on the 28th of Aug I suffered a heart attack and stroke putting me in the hospital until Sep 18th. My daughter and her friend helped me move into the apt and where planing on returning to Tn, where they lived, until I was placed into the hospital. Due to the nature of the hospitalisation my daughter was detained in leaving and periodically staying in my apt to handle my affairs (no longer than 6 days as to not break lease agreement) I personally spoke to an employee in the lease office apprising them of the situation. My daughter also went into the office and spoke face to face with staff about the same situation. At no time did the office staff indicate, to either of us, that it was a problem saying "not to worry it is ok". On the morning of the 13th of Sep my daughter returned to Tn to gather her belonging to move back to Tx so that she could be close enough to assist me in my daily needs for recovery. My son visited my apt on Sat the 17th to check on my cats when he noticed a Notice of eviction inside the door (posted Sep 13) to be out no later than the 16th of Sep. I was not realeased from the hospital until Sep 18th. Upon my return I went into the lease office to rectify the issue and was greeted with mild hostility. The apt manager refused to see the error presented by misinformation and has gone forward with eviction. What are my options and this legal ?
Expert:  barristerinky replied 2 months ago.

What are they saying that the lease violation is?

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Was any type of notice posted on the door to the property about any violation?

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Does your written lease prohibit you having other people stay at your apartment?

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Or does it just limit the occupancy to one person?

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thanks

Barrister

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