2000 dollars

[Hovies33]

Jurisdiction

Texas

I've been staying with a family friend for over a year and 2 months. They had not charged me rent until October 15 of 2015. I arrived December 20 of 2014. They paid for me to move with them, but was never told I had to pay back any of the money they spent. Since I was unemployed at the time they helped me out with 2 payments one of 165.00 which was a furniture payment the other was one of 130.00 for my cellphone phone, upon recovering my tax returnseason I payed them back for the money I owed them. Point being I was kicked out of the house yesterday before my rent was due and only given a few days to move out. Nothing is written now they want to charge me for 2000 dollars that I have had no idea about and was not informed about until them kicking me out. Now they are threatening to take me to court. What should I do? How can this be handled? Please help.

 

[adjusterjack]

You were a guest until 10/15/15 and a month-to-month tenant from then on. With no written IOU for anything that occurred prior to 10/15/15 I don't see any judge awarding them $2000.

Assuming you paid rent on 10/15, 11/15, 12/15, and 1/15, it's clear that you were wrongfully evicted.

The Texas landlord tenant statute address termination of a month-to-month tenancy as follows:

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.

(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:

(1) the day given in the notice for termination; or

(2) one month after the day on which the notice is given.

So, basically, they were legally obligated to give you one month notice.

Further:

Sec. 91.004. LANDLORD'S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.

2013 Texas Statutes :: PROPERTY CODE :: TITLE 8 - LANDLORD AND TENANT :: CHAPTER 91 - PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

Here are some options:

1 - Tell them one time to pound sand, then ignore them. Block their calls. Block their emails. Never talk to them again.

2 - Or, write them a letter saying you don't owe them anything because there never was a debt and if they sue you, you will counter sue for damages due to wrongful eviction and quote the statute in your letter.

One might say you also have the option of handing over $2000, but that's not really an option.

 

[Hovies33]

You were a guest until 10/15/15 and a month-to-month tenant from then on. With no written IOU for anything that occurred prior to 10/15/15 I don't see any judge awarding them $2000.

Assuming you paid rent on 10/15, 11/15, 12/15, and 1/15, it's clear that you were wrongfully evicted.

The Texas landlord tenant statute address termination of a month-to-month tenancy as follows:

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.

(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:

(1) the day given in the notice for termination; or

(2) one month after the day on which the notice is given.

So, basically, they were legally obligated to give you one month notice.

Further:

Sec. 91.004. LANDLORD'S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.

2013 Texas Statutes :: PROPERTY CODE :: TITLE 8 - LANDLORD AND TENANT :: CHAPTER 91 - PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

Here are some options:

1 - Tell them one time to pound sand, then ignore them. Block their calls. Block their emails. Never talk to them again.

2 - Or, write them a letter saying you don't owe them anything because there never was a debt and if they sue you, you will counter sue for damages due to wrongful eviction and quote the statute in your letter.

One might say you also have the option of handing over $2000, but that's not really an option.

Now another question from those 2000 from what I can think of is that they are charging me for moving expenses. I never had asked them to let me stay with them, they offered. My uncles wife has a list of supposedly all the expenses they paid for me which I havery never seen. Not even to this moment. Can this be heldone up against me in court. Again I was never asked to pay this back.

 

[adjusterjack]

I suggest that your position about the moving expenses forever be that it was a gift and don't even get into any discussions about it unless you are actually in court. That they waited over a year until after they kicked you out makes their assertions lack credibility.

I can't guarantee anything but I think you have a good defense against the $2000 (not only for lack of written agreement but also due to the legal doctrine of laches **) and a good counter suit for the wrongful eviction if it comes to that, especially if you avoid getting into any conversations about it with them. It's the talking that gets you trouble. You could end up saying the wrong thing in front of witnesses or by text or email that could get you hooked.

**Laches - A defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief.