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I was speaking with a a lawyer yesterday Loren regarding my…

I was speaking with...

I was speaking with a a lawyer yesterday Loren regarding my landlord evicting me because he wants to sell the property. Which our lease is not up until October. I was advised to go ahead and pay the rent which I was going to do and my landlord said he was going to file an eviction anyway. But if I pay the rent can he still do that?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

He is filing tomorrow he said.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I deposit the rent into his bank account so if I do that and the rent is current can he still file to evict me.

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3/11/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 14,010
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear you are having difficulties with your landlord.

Fortunately a lease is a binding contract so if the lease does not provide that the lease will terminate if the property is sold, the lease "runs with the land" meaning the new owner is obligated per the terms of the lease. Case law addresses this:

Cantile v. Vanity Fair Properties, 505 S.W.2d 654, 658 (Tex. Ct. App. – San Antonio 1973) “It is elementary that the sale of the reversion by the landlord does not, itself, bring about a termination of the lease.”

As such the court will typically dismiss any eviction lawsuit.

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Customer reply replied 5 months ago
I was advised by the attorney I spoke with yesterday to pay the rent, which I deposit into his bank account. But after talking to the landlord he said he was filing an eviction anyway. If I am current can you do that?
Customer reply replied 5 months ago
The only reason he wants us is so he can sell the property.

The landlord can file an eviction (anyone can file any legal proceeding) but if the tenant is not in breach of the lease (ie rent is current) then the landlord will not prevail in an eviction and the tenant may request court costs to be reimbursed.

It is possible the landlord is stating the eviction threat to scare the tenant.

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Customer reply replied 5 months ago
I don't know with him, he is a tricky one. He may or may not. He told me today if I was out that he can pull the eviction. However we do not want to move.
Customer reply replied 5 months ago
But once it is filed it is still reported on my credit from what I understand.
Customer reply replied 5 months ago
we planned to stay through the lease, then move. Going to purchase a home.

It does remain on one's record for 7 years unless there is a court order to remove it.

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Customer reply replied 5 months ago
If we are found not to be in default will the court order to remove it?

Upon request yes, they generally will.

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This explains the process -it can be coupled with the defense:

http://www.bwlap.org/publication/stream?fileName=ExpUD.pdf

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Customer reply replied 5 months ago
He also said that I am behind in the rent, however I have every month for the past two years showing it has been paid. What can I do about that?
Customer reply replied 5 months ago
he has never told me I was behind, this came up just during this issue. Can he file on that?
No because the tenant has a right to cure by paying back rent to avoid an eviction.
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The tenant can provide proof of payment such as cashed checks.
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Customer reply replied 5 months ago
O.K., so I am clear, if we are current, he can file, but the court will probably take off my report. And if he thinks I am behind he all I have to do is have record of all payments made.
that is a correct summation. And the tenant can request reimbursement for legal fees as well.
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Customer reply replied 5 months ago
just one more question, after the letter he sent to tell us he was terminating our lease he came back with a message stating he did not receive the November 2017 rent and has been applying each payment to previous months rent leaving us with unpaid rent, but he continued to accept our rent payments in the same form without informing me I was late. He did not mention this until after he had sent the letter to terminate our lease, in the letter he stated his purpose for us leaving was so that he could sell the house, there was no mention of any money due.
The notice to vacate must provide a valid reason so if it is for nonpayment that would be stated along with the right to cure, or remedy, the situation.
A desire to sell is only grounds for notice to vacate if the lease provides that.
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Customer reply replied 5 months ago
No there is nothing in the lease stating that, he told us that his mortgage payments went up and our rent didn't cover it. He also attached a copy from his mortgage company showing the increase of his payments. Which does not affect me. So if he wanted to evict us he would have stated it was for the rent he says was not paid, and I have the receipt showing it was.
increased mortgage costs is irrelevant to the tenant as the lease controls the issue.
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When the lease is up the owner is free to raise rents but not before.
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Customer reply replied 5 months ago
are you sure Texas law provides that the tenant can ALWAYS cure past due rent and avoid eviction, is he required to accept the back rents or would he be required to do so by a TEXAS COURT?
Customer reply replied 5 months ago
There is no back rent owed.
It depends on the terms of the lease but if the tenant pays and the landlord accepts then generally that is deemed satisfaction. If there is no back rent owed that is not a basis for eviction.
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Customer reply replied 5 months ago
the court will not require the landlord to accept back rent as relief rent being paid is a defense but if the rent has been paid at the time of filing the landlord is not required to accept rent as remedy.
that is correct but if there is no back rent and the tenant is current that would not be a basis for eviction.
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Customer reply replied 5 months ago
Would he have had contacted me at the time he thinks he did not get the rent. But I have the bank receipt showing it was paid.
Typically they wI'll send a demand for rent or a notice to vacate within a few days of nonpayment unless the lease specifies a time frame.
Any receipts can be used to show the court that rent is paid.
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Customer reply replied 5 months ago
any communication after the letter to move out can be considered retaliation which in Texas if I understand the code correctly. And at that point I can file against him for this. I am not trying to screw him, but he has always been a shady landlord and has very seldom fixed things and we would have to, which in our lease he is required to do all repairs in a timely manner.
Customer reply replied 5 months ago
regarding his statement in a text that I am behind because he has applied rent paid to past rents that are behind, which there are none.
that is correct. The tenant may sue for one month's rent plus $500 as well as legal fees and moving costs if the tenant was wrongfully evicted.
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Customer reply replied 5 months ago
I just want to be sure I am covering myself for any further communication with him via text or phone. I will now accept any correspondence for him other than via written form. I am not sure text messages can be used?
Text messages and emails may be submitted as evidence.
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Customer reply replied 5 months ago
O.k., do you know when a eviction is filed how long after that will we be notified of a court date? Or is according the court schedule? And this will be my last question. You have been very helpful. Thanks.
Customer reply replied 5 months ago
I am disabled, and caring for my 92 year old father and we live on a fixed income which makes things very difficult if things come up and we are prepared for them.
Customer reply replied 5 months ago
are not prepared for them.
Glad to have helped. It generally takes a few days for the summons to be served and around 1 to 2 weeks to get a hearing but that does depend on the court's current schedule.If no further questions kindly rate 5 stars if you feel I have earned it (our customer satisfaction scores are based on such ratings)Yes, that would complicate things and I am sorry you are having to deal with this.
legalgems
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Customer reply replied 5 months ago
it is since we have rented from him since 2002.
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