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1. How did your daughter breach the lease ? Non-payment of rent ?
2. How long after the "breach" did the landlord put a pad lock on the doors ?
3. Did the landlord give her any notice that he was going to pad lock the doors ?
4. as the air conditioner she repaired in the property she leased ? If so, why didn't the landlord repair it ?
1. She was behind on rent. The money she was going to pay back rent landlord's rep agreed to work out a payment plan which inflected 20% penalty if late. Because she had to scrap up money to put on rent and pay for a/c which was embedded in lease that we care for repair and replacement. So when two booth renters left. She said she did not have the money and began moving her products, etc and told the rep. she could not meet those requirements. This is a money pit.
2. Immediately that evening the pad lock was put on doors.
3. No notice. When called manager said you must speak with owner. My daughter mentioned the a/c, the $2800 deposit and that we are willing to pay installments. The owner said not opening even for an innocent party until she has a face to face. The time arranged at 11:00 the owner said she has another appointment and wanted to meet at 4:00. We could not at that time but re-arrange schedule to me. Her reply was since you did not want to meet at 4 on yesterday (Tuesday) it will have to wait until Monday.
4. A/c was replaced. The landlord does no repairs or replacements of anything.
Hi, Betty, Thank you for your additional information. I apologize for the delay, but my computer froze and I had to shut it down and restart it.
What the landlord did in putting padlocks on the doors was illegal and contrary to Texas Law,
§ 93.002. INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND EXCLUSION OF COMMERCIAL TENANT.
(c) 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.
(d) A tenant is presumed to have abandoned the premises if goods, equipment, or other property, in an amount substantial enough to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant's business.
Therefore, your daughter would have every right to remove the padlock because the landlord's action was contrary to the Texas Statute which I provided for your reference,
Additionally, under Texas law, a landlord can charge a late fee only if it is provided in the lease and the late fee must be reasonable. The landlord charging a 20% late can hardly be called "reasonable" . and would be determined to be quite excessive,
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