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I have talked to two different attorneys regarding a issue…

I have talked to...

I have talked to two different attorneys regarding a issue with my landlord. Followed the instructions they gave me. I paid this months rent. However he is still saying we are behind, which we have never gotten any notification of this. I am not sure what to do from this point. .

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?

No it has not.

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

He is saying this is from November 2017, which he never contacted be about.

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Answered in 5 minutes by:
3/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks for your patience on this; I'm a little unsure what your questions are about this. Have they initiated eviction proceedings yet?

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Customer reply replied 4 months ago
My question is i paid current rent due because was filing eviction. Now he is telling me there is a balance due from a unpaid rent issue. He never notified me regarding this and i have all my reciepts showing rent was paid. Since we we paid it and our lease is not up until October he sent a letter saying we had to move out because he wants to sell the property. I don't know what to do now because i have no record of him semding me anything regarding a past due amount.
Customer reply replied 4 months ago
As u can see from othet conversations regarding this i was told to pay the rent due which i did.

I see. One moment while I review...

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Customer reply replied 4 months ago
Thank you.

I understand.

This appears that this eviction may be unlawful. Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation either under the Fair Housing Act. In your case, it seems as if you are paid up on rent, then the eviction notice is invalid. If you are summoned to court, you could defend on the grounds that you are paid up and the eviction notice is unlawful in that instance.

The main thing to remember is that there exist various reason why a landlord’s eviction notice may not be effective. Because landlords are people, they are sometimes not thinking their way through the situation and that gives you an opportunity to help them understand their legal position. What I recommend is sending them a letter detailing the reasons why the eviction notice is unlawful. There’s a site that I’ve used in the past where you can find a good template for a letter that puts the landlord on notice that their eviction notice is unlawful (click here). It only costs $10 and it is way cheaper than litigation.

How else can I help you today?

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Customer reply replied 4 months ago
We have sent him a letter regarding texas law stating that he cannot send a letter just telling us we have to move because he wants to sell the house and quoted the law with the number for this issue. Since i am not aware of any out standing due amounts are we ok.
Customer reply replied 4 months ago
He has not filed any eviction notices reguarding anything.

I see what you mean. So, if this is the case, then you're okay, but keep the website I mentioned in mind. Keep in mind too that he cannot lock you out or turn off the heat to get you out as that is illegal. I think you're fine in this case:-).

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
I think that is all for now. Thanks for your time.

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Legal Eagle, Lawyer
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