My jurisdiction is: Texas
My jurisdiction is: Texas
I am in need of advice regarding a lock out. I am behind in my rent. My car died shortly after arriving in Texas and I was unable to get a job. I had an interview lined up, but was unable to go because of the car issue. I called an organization that offers rent assistance and was told that if I could prove at least promise of a job they would help me with October's rent. I spoke to the account manager at my complex and she agreed to work with me. I finally found a church that gave me a little transporation car to use and the next day Hurricane Ike hit. We were without power for 13 days here. I talked to the apartment complex manager and she told me to bring a letter of hardship and no late fees would be charged before October 11th.
As soon as possible I was back out looking for work. I finally started a great job last Monday, however I still am unable to pay my October rent. The day I got hired, I stopped in the office and informed the account manager and she agreed once again to work with me as I tried to get the rent assistance, since I now had promise of work. I called the charitable organization again and was told that due to limited funds I would be put on a waiting list and call backs would begin this week.
In the meantime I got an invoice from the head office stating that my October rent and November rent were due by November first .. showing no late fees at all. I assumed that meant because of my letter of hardhip they were cutting me a break.
This past Thursday the account manager here at the complex stuck a 3 day lockout notice in between my door and the door jam while I was at work. It said I owed the rent plus $100 late fee. She stapled a typed letter on top of the official paper saying that if my rent, including late fee, was not in the lock box in front of the office in the morning my rent would not be accepted at all. In less than 24 hours (and this was at 7:00 pm when I received the notices) I was to have the payment in form of money order, cashier's check or certified check. The official notice stated that I must deliver my payment to the account manager herslef at the office "during normal business hours which are 9-6pm M-Sunday". The actual business hours are Monday through Friday 9:00 am - 6:00 pm, Saturday from 10:00 am - 6:00 pm and Sunday from 1:00 pm - 6:00 pm .. and this account manager does not work 7 days a week!
Are you confused by these notices yet? I sure was! Pay up in full by morning before she arrives with stipulated forms of payment or it will be too late to pay. Or, go see her any time during made up hours "regular business hours" .. whenever is fine! But wait, my bill said November first, no late fees!
I responded with a letter saying that she had agreed on three prior occasions to work with me while I obtained rent assistance, as late as the week before. I also enclosed a copy of the invoice showing I had until November first with no late fees. I put this response in the lock box before leaving for work at 6:45 am the next morning.
I came home this evening and was locked out. The lockout notice was again stuck in the door jam and gave no number to call to be able to reenter. It stated that I could go to the office 24 hours a day to be let back in. This is false information, they lock up the office at 6:00pm. At 5:58 I raced over there and was fortunate enough to catch them turning off lights and getting ready to leave. The account manager then came to my apartment and removed the lock out device, but if I had been a few moments later I would have missed them and not have been able to get into my apartment.
I have been reading up on Texas law and from what I understand my lease is supposed to specify the right to lock out either in bold or underlined print. I finally found this stipulation in the very fine print of my lease ... not bold or underlined. A technicality, I understand, but combined with the faulty lock out notice with no contact number and her typed less than 24 hour note to pay up by morning or no rent will be accepted, do I have any remedy here?
Sorry, but there's a bit more to this. Before I moved in I called and arranged for my electricity to be turned on. The following month this same account manager said I owed for electricity. I called the electric company and was told that just three days after I had arrived someone in the office had called and cancelled my account as a forced move out and reverted the electric bill to the complex. The electric company said they would straighten it out but that it would take at least 30 days to accomplish. They advised me not to pay the complex because they pay a commercial rate. I would be back billed and the complex would receive a credit. They told me to have the account manager call them if she needed verification. I told her it was being straightened out and she insisted on having my account number with the electric company.
Later, after that she asked again for me to pay this electric bill and I told her again that it was being straightened out and it would take at least 30 days.
On October 3rd when I went to her with my letter of hardship from the hurricane, she seemed reluctant to accept it and she started insisting once again that I pay the complex for electricity. I told her I had received my back billing so they must have gotten their credit. She just kept saying over and over that I had to pay this electricity bill. I went back to my apartment and called the elctric company. They said they did not understand why she was giving me such a hard time and that she needed to call them if she thought there was a problem and wondered why she hadn't already instead of "harrasing" me over it. I took my bills over to the office to prove it had been cleared up and told her the electric company wanted her to call them if she thought there was still a problem with her bill. She took my bills and made copies of them.
I apologize for the lengthiness of this but I am at my wit's end as to how to handle this situation. Since I was unemployed for so long I cannot afford a lawyer and according to guidelines they use my former salary from what I understand so I would not qualify for legal aid. Any advice any of you can give me or direct me to would be greatly appreciated.
My jurisdiction is: Texas
I am in need of advice regarding a lock out. I am behind in my rent. My car died shortly after arriving in Texas and I was unable to get a job. I had an interview lined up, but was unable to go because of the car issue. I called an organization that offers rent assistance and was told that if I could prove at least promise of a job they would help me with October's rent. I spoke to the account manager at my complex and she agreed to work with me. I finally found a church that gave me a little transporation car to use and the next day Hurricane Ike hit. We were without power for 13 days here. I talked to the apartment complex manager and she told me to bring a letter of hardship and no late fees would be charged before October 11th.
As soon as possible I was back out looking for work. I finally started a great job last Monday, however I still am unable to pay my October rent. The day I got hired, I stopped in the office and informed the account manager and she agreed once again to work with me as I tried to get the rent assistance, since I now had promise of work. I called the charitable organization again and was told that due to limited funds I would be put on a waiting list and call backs would begin this week.
In the meantime I got an invoice from the head office stating that my October rent and November rent were due by November first .. showing no late fees at all. I assumed that meant because of my letter of hardhip they were cutting me a break.
This past Thursday the account manager here at the complex stuck a 3 day lockout notice in between my door and the door jam while I was at work. It said I owed the rent plus $100 late fee. She stapled a typed letter on top of the official paper saying that if my rent, including late fee, was not in the lock box in front of the office in the morning my rent would not be accepted at all. In less than 24 hours (and this was at 7:00 pm when I received the notices) I was to have the payment in form of money order, cashier's check or certified check. The official notice stated that I must deliver my payment to the account manager herslef at the office "during normal business hours which are 9-6pm M-Sunday". The actual business hours are Monday through Friday 9:00 am - 6:00 pm, Saturday from 10:00 am - 6:00 pm and Sunday from 1:00 pm - 6:00 pm .. and this account manager does not work 7 days a week!
Are you confused by these notices yet? I sure was! Pay up in full by morning before she arrives with stipulated forms of payment or it will be too late to pay. Or, go see her any time during made up hours "regular business hours" .. whenever is fine! But wait, my bill said November first, no late fees!
I responded with a letter saying that she had agreed on three prior occasions to work with me while I obtained rent assistance, as late as the week before. I also enclosed a copy of the invoice showing I had until November first with no late fees. I put this response in the lock box before leaving for work at 6:45 am the next morning.
I came home this evening and was locked out. The lockout notice was again stuck in the door jam and gave no number to call to be able to reenter. It stated that I could go to the office 24 hours a day to be let back in. This is false information, they lock up the office at 6:00pm. At 5:58 I raced over there and was fortunate enough to catch them turning off lights and getting ready to leave. The account manager then came to my apartment and removed the lock out device, but if I had been a few moments later I would have missed them and not have been able to get into my apartment.
I have been reading up on Texas law and from what I understand my lease is supposed to specify the right to lock out either in bold or underlined print. I finally found this stipulation in the very fine print of my lease ... not bold or underlined. A technicality, I understand, but combined with the faulty lock out notice with no contact number and her typed less than 24 hour note to pay up by morning or no rent will be accepted, do I have any remedy here?
Sorry, but there's a bit more to this. Before I moved in I called and arranged for my electricity to be turned on. The following month this same account manager said I owed for electricity. I called the electric company and was told that just three days after I had arrived someone in the office had called and cancelled my account as a forced move out and reverted the electric bill to the complex. The electric company said they would straighten it out but that it would take at least 30 days to accomplish. They advised me not to pay the complex because they pay a commercial rate. I would be back billed and the complex would receive a credit. They told me to have the account manager call them if she needed verification. I told her it was being straightened out and she insisted on having my account number with the electric company.
Later, after that she asked again for me to pay this electric bill and I told her again that it was being straightened out and it would take at least 30 days.
On October 3rd when I went to her with my letter of hardship from the hurricane, she seemed reluctant to accept it and she started insisting once again that I pay the complex for electricity. I told her I had received my back billing so they must have gotten their credit. She just kept saying over and over that I had to pay this electricity bill. I went back to my apartment and called the elctric company. They said they did not understand why she was giving me such a hard time and that she needed to call them if she thought there was a problem and wondered why she hadn't already instead of "harrasing" me over it. I took my bills over to the office to prove it had been cleared up and told her the electric company wanted her to call them if she thought there was still a problem with her bill. She took my bills and made copies of them.
I apologize for the lengthiness of this but I am at my wit's end as to how to handle this situation. Since I was unemployed for so long I cannot afford a lawyer and according to guidelines they use my former salary from what I understand so I would not qualify for legal aid. Any advice any of you can give me or direct me to would be greatly appreciated.