Landlord States Foundation is Sinking, Need Help

[CaliGuy87]

Jurisdiction

Texas

Hello everyone I am currently renting an apartment in Texas and about a month ago we were called up to the office where they informed us that the foundation was sinking and that we needed to move out. She told us that we had 15 days to move out but she might be able to push it to 30 but she would get back to us on that. They offered us 2 apartments that were the same floor plan but not upgraded like ours and wanted to raise the rent plus make us sign a lease. I told her that that was going to work and she said she would get back to me to see what else they could do but they could help pay for moving up to $1500. Well weeks went by and we never heard from her. Then about 2 weeks they stated calling us and coming to the door a couple times a week asking what our plans were but I keep telling her right now we have a lot going on and I would get back to her. On October 14th I received an email from the property manager saying that we needed to be out by November 7th which was the first time I had heard this date. Keep in mind that they have not yet given us a formal letter requesting that we vacate the building. Then on October 22nd the property manager left a letter on my door saying that we had 30 days to vacate the premises but the letter was dated October 15th so I confronted her about that and she said it was a mistake on her part with the date. I have recordings of our phone conversation where she admits to it.

This isn't the first time this property has tried to pull something shady so yesterday I went and spoke with a lawyer that said since they are the ones braking the lease then they should pay for everything to get us out like 2 months worth of rent and moving expenses. He stated that we should not feel this move at all since its an inconvenience to us. I went and spoke to the property manager and told her that we wanted moving expenses and 2 months worth of rent since thats what we would have to pay moving into a new rental property. She said she would check with her supervisor and get back to me. This morning she got back to me saying that they are not willing to do that and are only willing to pay up to $1200 to help us move.

I don't know much about rental/tenant laws in Texas so what are my rights as a tenant? Should I take them to small claims court to try to get the money or what are my other options? Right now being a student and taking care of my grandmother who lives with me, I can't afford to put out over $3000 to move into a new place. Right now our rent is $1635 to give you an idea of what we are paying. Any advice would be greatly appreciated. Thank you

 

[adjusterjack]

I don't know much about rental/tenant laws in Texas

Really? Well, I suggest you read them carefully and thoroughly at:

2013 Texas Statutes :: PROPERTY CODE :: TITLE 8 - LANDLORD AND TENANT

Other than that I have two points to make.

If you have a written lease of some specific duration that has time left on it beyond the termination date in the notices then those notices are meaningless and the landlord is stuck with you until expiration.

Keep in mind, however, all the landlord has to do is decline to renew your lease and, if it takes $3000 for you to move, then that comes out of your pocket.

Second point - Section 92.0081 Removal of Property and Exclusion of Residential Tenant
(b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency.

Seems to me that makes you a bit vulnerable to being put out temporarily without the landlord paying you anything.

Keep that in mind while you are negotiating. You have some leverage but so might the landlord.

 

[CaliGuy87]

Really? Well, I suggest you read them carefully and thoroughly at:

2013 Texas Statutes :: PROPERTY CODE :: TITLE 8 - LANDLORD AND TENANT

Other than that I have two points to make.

If you have a written lease of some specific duration that has time left on it beyond the termination date in the notices then those notices are meaningless and the landlord is stuck with you until expiration.

Keep in mind, however, all the landlord has to do is decline to renew your lease and, if it takes $3000 for you to move, then that comes out of your pocket.

Second point - Section 92.0081 Removal of Property and Exclusion of Residential Tenant
(b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency.

Seems to me that makes you a bit vulnerable to being put out temporarily without the landlord paying you anything.

Keep that in mind while you are negotiating. You have some leverage but so might the landlord.

Thank you for the response. Our lease isn't up till Jan 13th of 2016. Since they are wanting us to move before the end of our lease then shouldn't they be required to pay for more than moving fees? If it was the other way around and I wanted to break the lease then I would be expected to pay over $2000 just to break it and would have to pay a certain amount till the apartment is rented. This whole situation is huge inconvenience to me and my family so if they want us out of the building then I feel they should have to cover what fees come with relocating.

Another thing is they are saying they want us moved out by November 7th yet they sent us a rent statement saying that they want $1635 for the whole month of November. Should I want to pay the rent till we come to an agreement or should I pay it as normal?

 

[army judge]

Our lease isn't up till Jan 13th of 2016. Since they are wanting us to move before the end of our lease then shouldn't they be required to pay for more than moving fees?

Maybe, maybe not.

Only a court can order you to pay.

Only a court can order the LL to pay.

I submit to you, time is slowly slipping away from you.

Its in your best interest to negotiate and settle.

Both you, and the LL are sitting in a precarious, but not an indefensible position.

If the delta between what you want and what the LL offered is a lousy couple hundred bucks, why NOT settle?

Or, offer a counter, maybe $1350.

If it was the other way around and I wanted to break the lease then I would be expected to pay over $2000 just to break it and would have to pay a certain amount till the apartment is rented. This whole situation is huge inconvenience to me and my family so if they want us out of the building then I feel they should have to cover what fees come with relocating.

Its not about what you think, feel, or perceive; its about the law.
The LL claims the move was prompted because of an engineering or structural defect.
If that's true, that dulls your position a tad.

Another thing is they are saying they want us moved out by November 7th yet they sent us a rent statement saying that they want $1635 for the whole month of November. Should I want to pay the rent till we come to an agreement or should I pay it as normal?

The last thing you should do is be late with your rent.
That could again, lessen the strength in your position.
It could also open up the eviction route to the LL.

Don't get bogged down arguing over nickels and dimes.
You've already received advice from a lawyer.

If I were you, I'd ask for the move to a safer unit.
Forget that "upgraded" nonsense, and think safety for your family.
I'd simply ask for a reduction on the rent for the next year, say about $100/month (maybe $200), moving costs of $1300, get it in writing and signed, shake hands and enjoy your great life.
Enjoy your safer life, too!!!!!

 

[CaliGuy87]

Maybe, maybe not.

Only a court can order you to pay.

Only a court can order the LL to pay.

I submit to you, time is slowly slipping away from you.

Its in your best interest to negotiate and settle.

Both you, and the LL are sitting in a precarious, but not an indefensible position.

If the delta between what you want and what the LL offered is a lousy couple hundred bucks, why NOT settle?

Or, offer a counter, maybe $1350.




Its not about what you think, feel, or perceive; its about the law.
The LL claims the move was prompted because of an engineering or structural defect.
If that's true, that dulls your position a tad.






The last thing you should do is be late with your rent.
That could again, lessen the strength in your position.
It could also open up the eviction route to the LL.

Don't get bogged down arguing over nickels and dimes.
You've already received advice from a lawyer.

If I were you, I'd ask for the move to a safer unit.
Forget that "upgraded" nonsense, and think safety for your family.
I'd simply ask for a reduction on the rent for the next year, say about $100/month (maybe $200), moving costs of $1300, get it in writing and signed, shake hands and enjoy your great life.
Enjoy your safer life, too!!!!!

If it was a couple hundred dollars then that would be fine but we are talking about a difference of a couple thousand dollars. We told them we wanted 2 months rent and moving cost which is over $4000 and they came back at $1200. The lawyer I spoke to said that we should get a minimum of 2 months rent because of the situation which would be $3270.

They don't have another unit anymore to offer us because they rented it out before they got back to us. I know they won't give us a discounted rate on rent because we have already brought that up to them. The way this property is I highly doubt we would be moving into a safer building. When I asked them if we are in danger occupying our currently building, the property manager said no.

This property has had quiet a few lawsuits put against them for handing situations with tenants illegally.

 

[army judge]

If it was a couple hundred dollars then that would be fine but we are talking about a difference of a couple thousand dollars. We told them we wanted 2 months rent and moving cost which is over $4000 and they came back at $1200. The lawyer I spoke to said that we should get a minimum of 2 months rent because of the situation which would be $3270.

They don't have another unit anymore to offer us because they rented it out before they got back to us. I know they won't give us a discounted rate on rent because we have already brought that up to them. The way this property is I highly doubt we would be moving into a safer building. When I asked them if we are in danger occupying our currently building, the property manager said no.

This property has had quiet a few lawsuits put against them for handing situations with tenants illegally.

NONE of that is relevant in your case.

No one has to do, including you and your family, what another party requests or demands.

If you and the LL can't agree, then off to court you go.

As you ponder that, your lease expires in about eight or ten weeks.

Once the lease expires, your position becomes very soft.

You need not convince me.

I have no skin in your game.

I'm not the one YOU need to convince.

I was simply trying to help.

You are free to ignore me, and nothing changes in my world.

If the lawyer says you should get $3200, ask her how you will get it.

Will she give it to you?

Will you simply demand your LL give you $3200 because some lawyer said the LL owes you $3200?

Life, nor does the law operate that way.

Good luck, buddy.

 

[adjusterjack]

Then stall until January, keep paying your rent, and pay your own way to a new place in January.

If I were your landlord and you came at me with those delusional demands I'd rescind my notices, put the foundation on hold, and send you one more notice that your lease isn't being renewed and wouldn't have to pay you a penny.

 

[CaliGuy87]

Then stall until January, keep paying your rent, and pay your own way to a new place in January.

If I were your landlord and you came at me with those delusional demands I'd rescind my notices, put the foundation on hold, and send you one more notice that your lease isn't being renewed and wouldn't have to pay you a penny.

Can we legally stay till our lease is up even with the letter they gave us? If we moved into a new place we are going to have to pay a deposit and first month's rent so I would think they would be legally liable for some of that since they are the ones making us move out. We are not the only tenants they are doing this to.

Sorry if I am coming off rude but this seems like a constant dilemma with them everyday since they informed us of this. The lawyer we spoke to yesterday told us to negotiate with them and if they aren't willing to work with us then that's when we should go to small claims court.

I really appreciate everyone's feedback. Thank you

 

[adjusterjack]

Can we legally stay till our lease is up even with the letter they gave us?

Yes, you can stay until your lease is up, if you want to. As I wrote earlier, the notices are meaningless unless the landlord prevents your entry due to "(1) bona fide repairs, construction, or an emergency.'

So far, the landlord has not prevented your entry into the apartment.

If we moved into a new place we are going to have to pay a deposit and first month's rent

Same as you would in January.

I would think they would be legally liable for some of that since they are the ones making us move out.

For one thing they aren't "making" you do anything. They've already offered you $1200 so, yes, they do feel some obligation to compensate you. If you're looking for two bones instead of being satisfied with only one you risk losing both bones. That's a reference to this Aesop's fable:

The Dog and his Reflection | Aesop's Fable | Preschool Printable Activities and Crafts

We are not the only tenants they are doing this to.

Doesn't matter who else they are doing this to.

The lawyer we spoke to yesterday told us to negotiate with them and if they aren't willing to work with us then that's when we should go to small claims court.

For what? You don't have a cause of action until they actually do something to you and they haven't done anything except ask you to move out and offer you money. So far, nothing actionable there.

If you decline the $1200 and stay put, the ball is in their court and there's nothing for you to do until they do something with the ball.

Do the math.

If you move in January because your landlord won't renew your lease you spend $3000 of your own money and zero of the landlord's money.

Move now and you spend only $1800 of your money and $1200 of the landlord's money.

That's $1200 of your money that you won't have to spend on moving that can be spent on a whole lot of things for your family.

There can't be any downside to that, other than your annoyance. Up to you. Take one bone or go for two and risk losing both bones.