Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/11/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question

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.

Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month ago
But once it is filed it is still reported on my credit from what I understand.
Customer reply replied 1 month 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.

Ask Your Own Legal Question
Customer reply replied 1 month ago
If we are found not to be in default will the court order to remove it?

Upon request yes, they generally will.

Ask Your Own Legal Question

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

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

Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month 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.
Ask Your Own Legal Question
The tenant can provide proof of payment such as cashed checks.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
When the lease is up the owner is free to raise rents but not before.
Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month 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 1 month 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
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
it is since we have rented from him since 2002.
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a contract to lease my property for a medical
Hi, I have a contract to lease my property for a medical marijuana grow , the person in the contract sold his interest to another party while owing 30k and had been subletting monthly. I want to suit … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
My husband was leasing (no contract signed) a trailer from
My husband was leasing (no contract signed) a trailer from Stewart Trucking and was hauling cattle for 2 1/2 months. He received weekly checks until he quit. Returned the trailer on 3/11/18 and they o… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I had a lease car that I returned before contract expired,
I had a lease car that I returned before contract expired, this was during the 2009 ressesion. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I signed a twelve month apt lease contract. I must move out
I signed a twelve month apt lease contract. I must move out of Houston and need to terminate the lease. What is the legal way for my penalties? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
How do I add lease to lead question of contract lead.
How do I add lease to lead question of contract lead … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
We want to cancel our commercial lease contract without
thank you. we want to cancel our commercial lease contract without breach. so, we found out that our lease agreement has the incorrect sq footage of about 2000+ sqft. can we legally cancel the contrac… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
My friend and I received a leasing contract which asked both
My friend and I received a leasing contract which asked both of us to sign. She signed but I dId not. Is she now bonded with the contract? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I e signed a lease contract on equipment in my food trailer
I e signed a lease contract on equipment in my food trailer for 10000 dollars i didnt get a chance to read the full contract. when i hit sign it signed everything now its 20000 dollars … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
My son has gotten himself into a lease/option contract with
my son has gotten himself into a lease/option contract with a fixer-upper..it is dated and signed by both parties December 9, 2017..however, upon examining the quitclaim deed, it was signed on Novembe… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 satisfied customers
I'm trying to figure out if a two-party lease/contract can
I'm trying to figure out if a two-party lease/contract can be enforced without all signatures. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 satisfied customers
Auto lease contract with Kia. They seek payment that exceeds
Auto lease contract with Kia. They seek payment that exceeds monthly amount on monthly agreement. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
We are in a lease to own contract for an RV. story are
We are in a lease to own contract for an RV. Long story are having problems with the company fixing the rig of some damages done by their transport person. What type of attorney should we talk to? … read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
Can I legally break a leasing contract if the apartment
Can I legally break a leasing contract if the apartment management is negligent with keeping the property safe? For example, a wooden swing was rotten and fell on my daughter, causing the need for sut… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If we break lease early in contract with an exit clause in
if we break lease early in contract with an exit clause in maryland, can the landlord require rent in excess of the penalty and notice requirement in the contract? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Several months ago, the contract for the car I'm leasing was
Several months ago, the contract for the car I'm leasing was about to expire. I was told I can upgrade and the dealership would cover the wear and tear, mileage, and the rest, it would all be taken ca… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I am in a lease contract that states no termination. the
I am in a lease contract that states no termination. the real estate company rep has a personal issue with me, so i am trying to find out if the is it legal for me to send my rental payments to her pe… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 satisfied customers
It turns out it is a Commercial Lease Contract in the state
It turns out it is a Commercial Lease Contract in the state of Florida and the LandLord says that there is no guidelines when it comes to store the security deposit like when it comes for Residential … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 satisfied customers
We just signed a contract to lease a car. The price
We just signed a contract to lease a car. The price discussed and agreed was increased by almost $5000.00. They did not show us what we were signing since the signatures were done in a separate machin… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x