Question About Occupant on Lease

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TheMightyMet

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Hello --

I am listed as an occupant on the lease, not as the tenant.

Our landlord recently initiated retaliatory eviction proceedings against the tenant (because he requested repairs) and unfortunately the dispute is getting quite nasty between them. The tenant is now taking the landlord to court to get relief under the Texas Property Code for the repairs and is also contesting the retaliatory eviction.

Anyway, none of this involves me -- it's between the landlord and the tenant. I just live here and pay a portion of the rent. I do not want to be involved or get caught in the middle of a legal battle between these two parties. I honestly feel it's none of my business!

However, the landlord keeps trying to draw me into their fight by putting my name on all notices to the tenant. The landlord has also written me several letters personally, which I feel are harassing and an intrusion into my privacy.

I send a CEASE and DESIST letter to the landlord on Feb. 22 via Certified Mail letting the landlord know that I do not want the landlord contacting me against for any purpose whatsoever - not by mail, phone, in person, etc.. I mean NO CONTACT and I mean business!

The landlord continues to ignore my stated wishes and send me letters, list me on notices, calls my phone, etc...how do I get this harassment to stop?

Does the landlord have any right to contact me further or list my name on letters/notices to tenant since I am not listed on the lease as a tenant?

What responsibility, if any, do I have here? Do I have the legal right to tell this landlord to LEAVE ME ALONE? Do I have to call the police and file for a restraining order?

Thanks for your help - this situation is about to drive me crazy!
 
Your name is on the lease.

The landlord is bound by statute to notice you.

If the eviction is granted, do you think you won't be evicted, too?

What happens to the tenant, happens to you.

You are involved, like it or not.

You can leave voluntarily, as you are not obligated to legally pay the lease.

You can wait to be evicted, because Texas does not have retalitory evictions.

The eviction, if granted, will be supported on a legal finding.

When you sent the letter, you placed yourself in the lamdlord's line of sight.

You have some decisions to make.

Choose wisely.


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Army Judge, I'm sorry to say you are mistaken. Retaliatory evictions are illegal in TX.

Subchapter H of Chapter 92 of the Texas Property Code (§92.331 – §92.335) prohibits a landlord from retaliating against a tenant by filing an eviction proceeding, depriving the tenant of the use of the premises, decreasing services to the tenant, increasing the tenant's rent, terminating the tenant's lease, or in bad faith interfering with the tenant's rights under the lease for six months from the time the tenant in good faith takes any of the following actions:

Gives a landlord a notice to repair or exercises a rememdy under Chapter 92 of the Texas Property Code;

Attempts to exercise against a landlord some right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; and/or
Complains to a government entity, a public utility, or a civic or nonprofit agency about a building or housing code violation or utility problem.

Retaliation by the landlord is a defense to an eviction.

Given that you were quite incorrect about that, should I be expected to trust that any of the advice you gave me above is accurate?
 
What Army Judge told you was correct; since you are listed on the lease you will receive all notices regarding legal issues on this matter.

This doesn't mean that the landlord will win any judgement for eviction from retaliatory eviction proceedings; in fact, if the tenant is able to present their evidence to the satisfaction of the court, the exact opposite will happen. The eviction will not be granted.

I'd think as an occupant on the lease you'd want to know what is happening with this whole business rather than to be left in the dark.

Gail
 
Gail, if the landlord is within their legal rights to contact me regarding lease issues, that is fine. My problem is with the harassment, which is a separate matter.

I'm okay with being kept in the loop on matters involving the lease, legal proceedings and/or eviction - but this landlord keeps bombarding me with unwanted letters of a personal nature too.

This landlord has attempted on several occasions to draw me into a nasty and very personal battle between herself and the tenant. There have been numerous drive-bys, stakeouts of the property, and attempts to interfere directly with my private life and contact made with my employer. Additionally, the landlord has engaged in a campaign of defamation against me personally which involves disclosing privliged information from my credit report to other uninvolved parties without my written permission in an attempt to harm my reputation.

I have already notifed the landlord that I wish the harassment to stop and want no contact (outside of what she is legally obligated to do). The landlord continues to violate my wishes for the harassment to stop.

So what is my next step? Do I have to call the police and file for a restraining order with the JP?
 
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I should also add that the landlord illegally obtained my credit report. No credit check was run on me as an occupant at the time of application (only the tenant). I never gave my social security number to the landlord, nor did I give my written permission for my credit report to be obtained. I don't know how she got the info, but as far as I'm concerned if she didn't ask for it at the time of application, it's none of her business!
 
TheMightyMet said:
Army Judge, I'm sorry to say you are mistaken. Retaliatory evictions are illegal in TX.

Subchapter H of Chapter 92 of the Texas Property Code (§92.331 – §92.335) prohibits a landlord from retaliating against a tenant by filing an eviction proceeding, depriving the tenant of the use of the premises, decreasing services to the tenant, increasing the tenant's rent, terminating the tenant's lease, or in bad faith interfering with the tenant's rights under the lease for six months from the time the tenant in good faith takes any of the following actions:

Gives a landlord a notice to repair or exercises a rememdy under Chapter 92 of the Texas Property Code;

Attempts to exercise against a landlord some right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; and/or
Complains to a government entity, a public utility, or a civic or nonprofit agency about a building or housing code violation or utility problem.

Retaliation by the landlord is a defense to an eviction.

Given that you were quite incorrect about that, should I be expected to trust that any of the advice you gave me above is accurate?
Click to expand...

That is what I told you when I said they are NOT allowed in Texas.
I've practiced law for more forty years.
I'm licensed in several atstes (including Texas), the federal bar, and military court of appeals.
 
TheMightyMet said:
This landlord has attempted on several occasions to draw me into a nasty and very personal battle between herself and the tenant. There have been numerous drive-bys, stakeouts of the property, and attempts to interfere directly with my private life and contact made with my employer. Additionally, the landlord has engaged in a campaign of defamation against me personally which involves disclosing privliged information from my credit report to other uninvolved parties without my written permission in an attempt to harm my reputation.

I have already notifed the landlord that I wish the harassment to stop and want no contact (outside of what she is legally obligated to do). The landlord continues to violate my wishes for the harassment to stop.

So what is my next step? Do I have to call the police and file for a restraining order with the JP?
Click to expand...

None of those actions, if they could be proven, rises to the level that an Order of Protection would be granted.

None of those actions, if proven, would allow for an OOP to issue.

In Texas, a restraining order is called a "protective order." It is available free of charge to anyone who has a close relationship with a person who has hurt or threatened to hurt them, and the complainant is reasonably afraid that the harm or threat will happen again.
Click to expand...

http://www.ehow.com/how_5128064_obtain-restraining-order-texas.html
http://law.onecle.com/texas/criminal-procedure/17.292.00.html
 
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Army Judge - my apologies if I misinterpreted your statement that retaliatory evictions are not allowed in Texas. I thought you were saying that landlords *could* evict tenants for requesting repairs which materially affect health and safety.

I do have a question regarding the protective order. Since I do have a close relationship with the landlord (have known her well for more than 10 years), she has made threats against me, and I have reasonable cause to believe that she is going to do it again, why would I not qualify for a protective order?

See Texas Penal Code Sec. 42.07, #7 below:

§ 42.07. HARASSMENT. (a) A person commits an offense if,
with intent to harass, annoy, alarm, abuse, torment, or embarrass
another, he:


(7) sends repeated electronic communications in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another.

Is the landlords behavior harassing? Yes, I believe that it is.
Is it annoying? Yes.
Is it alarming to me? Yes.
Is it abusive? Yes.
It is tormenting me? Yes.
It is embarassing? Yes.
Is it offensive? Yes.

What other proof would I need to provide a judge? I already have documentation of the behavior and my certified cease and desist letter. Is there anything else the court would require?

Thanks in advance again for your help with this!
 
TheMightyMet, no worries.

Yes, you can file for the OOP.

Some JPs are easier than others.

If you believe your safety is threatened, by all means pursue one.

You might also want to discuss this with your county attorney or local law enforcement before you proceed.




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Army Judge, I appreciate your help with this. Your many years of experience shine through.:)

I think it's worth a try to get a protective order because I'm honestly worried that this landlord is so angry about the lawsuit and the numerous charges she's facing that she just might drive by and "Accidentally" torch our house in the middle of the night to collect insurance money!! I hope no one would actually be that crazy, but I wouldn't put it past her at this point.

Plus, I just found out today through discovery on our case that she is practicing real estate brokerage without a license. That's a criminal offense in Texas and when the state inspectors come calling (we filed a complaint), she's really going to be mad!!

This might be enough to send an already-unstable person over the edge and engage in acts of violence - she and her husband are known to have a large stash of illegal unregistered guns at their home, and they drive around with them, often showing them off to tenants in an effort to intimidate them.

I certainly hope that they are not so crazy as to get violent, but based on their behavior and actions so far, I'm honestly very concerned and afraid.
 
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