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The home my sons are renting is being purchased by the city.

He signed paerwork with city...
The home my sons are renting is being purchased by the city. He signed paerwork with city and they agreed that move out by the end of this month. when my son moved in they paid first, lst and a security deposit. Since this is their lsst month, they did not make rent. the landlord, served them with a three to vacant letter. Even though they paid last month when they moved in, they felt harrassed and has started the process of moving out. Today on the door was a package of paperwork suing them for eviction.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: One year lease signed 3/17 to 3/18
JA: Anything else you want the lawyer to know before I connect you?
Customer: The city contact them to buy house around May and they agreed to move out early. In October the landlord order them money to move out earlier but they had no no place to go, he then increase the amount to 3500 to move out by nov 7th, they then agreed and they found places to move to and two later he said deal was off because he was getting foreclosed on.
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Answered in 3 hours by:
11/17/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,988
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Is this the same landlord that they paid first and last month's rent to?

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Do they have their receipts for paying that advance rent?.

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What does the landlord respond with when reminded that they already paid the rent?

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thanks

Barrister

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Customer reply replied 25 days ago
it is the same Landlord.
My son sent the below text today to his landlord after finding the eviction papers on the door today:Mike,
As you are aware, we paid first, last and security deposit when we moved in.
Due to the city buying the house, we agreed to move out early. Nov is our last month. Which would be covered by the money we paid when we moved in. However instead our honoring our last month, you had papers delivered giving us three days to move. Therefore we have moved out. We are having the place cleaned.The landlord responded:
I told y’all that is not how leases work. You don’t use doposit to withhold rent. Eviction is already going. Court date has been set and the court notified. have to pay rent and it has to be on time. I can’t do anything now. Lender won’t let it stop
Customer reply replied 25 days ago
they paid landlord thru bank transfers.
They did pay late lot but landlord did not enforce or charge them any late fees.
It wasn’t until he served them with three days to vacant that he added late fees.

Ok, the landlord is obviously an idiot because he is confusing 3 things...first months rent....last month's rent...and security deposit with two things.... first months' rent and security deposit.

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So assuming sons have proof of paying the first and last and sec dep, they can't lose here..

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With that said, I would suggest sending the proof of payment to the landlord in a certified letter explaining it again so they have proof to use in court that they proved they paid it and any action is frivolous and malicious. I would also file a countersuit for harassment and "malicious prosecution", which is where you take someone to court with no legitimate reason and ask for a couple thousand in damages..

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And he can ding them for the late fees at any time unless he expressly waived them in writing...

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Then they just sit back and see what this foolish landlord does..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 25 days ago
Oh my, I was completely incorrect. I thought they paid first and last before they moved in, however I just got copy of Lease and the paid first month $1950 and $2100 security deposit. Is their anything that can be done at this point? They do owe for November. Should they pay it today?

Ok, then that explains things from the landlord's perspective... Yes, they need to contact the landlord, tell them that they made a mistake and thought that they paid first and last month's rent... But if he has actually filed a formal court case for eviction, he will want those fees included with any rent and late fees to cancel the eviction...

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They don't really want an eviction on their records as it will make it hard to rent elsewhere and show up on their credit reports for 7 years... So while it may be a costly mistake, they are better off resolving it now rather than later with a black mark on their civil record..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,988
Experience: Attorney over 17 years, landlord 26 years
Verified
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barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,988
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Experience: Attorney over 17 years, landlord 26 years

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