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Threat to send Eviction notice on the basis of wrong information. Eviction Defense

Discussion in 'Commercial Landlord & Tenant Issues' started by Vict, Mar 23, 2015.

  1. Vict

    Vict Law Topic Starter New Member

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    Hi,
    I never thought I would ever have to deal with any such issues after being a good rule abiding renter since last so many years.
    My husband and I are living in this unit for last five years. We are expecting our first baby and
    I am 35 weeks pregnant. Our parents from across the sea have come here for help.

    Recently I had a maintenance request and one guy game over to fix it. I had not so good experience with him which I decided to ignore and not complain about to anybody. Soon after his visit we got a notice from our apartments office that we are living 4 adults and 2 kids which is more than the maximum limit of residents living in our design type unit. Either we move to a bigger unit or they will send us the eviction notice. I found it very intimidating specially at this time ( when the only thing I want to think about is my baby).
    I termed it as "wrong information base" because-
    1) at this point of time we are only 4 adults living in the apartment.
    2) there are NO kids in my place( whatsoever)
    I read the entire leasing document and I couldn't find anywhere mentioned the exact number( 4 adults or 2 adults and 2 kids) of maximum occupancy in our type of unit. Our parents are guests and they are not here forever.
    Their information is wrong and hence this notice.
    My concern is: 1) What should be my points to put forward in front of those people?
    2) I have seen my friends with two kids with their parents visiting them for months and no complain has ever been filed. Then why us?
    How can I fight this?
    I do not want to move at this point of time. It will be too big a hassle for me.

    Please advise.
     
    Last edited: Mar 23, 2015
  2. KatDini

    KatDini Well-Known Member

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    Put Mom and Dad in a hotel. Problem solved.
     
  3. Vict

    Vict Law Topic Starter New Member

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    Don't think it does.
    They are here from far away to stay with us to help with newborn and stuff not in hotel.
     
  4. ElleMD

    ElleMD Well-Known Member

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    Why not just call or visit the property management office/landlord and explain the situation?
     
  5. Vict

    Vict Law Topic Starter New Member

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    Those people in office are very rude and I want to go prepared to meet them.
    Sending that letter without any prior notice of anything, I am very upset with them already. I just want to present myself strong there infront of them and get this thing resolved.
    I have seen so many parents coming over every year at places where are two kids too.
     
  6. ElleMD

    ElleMD Well-Known Member

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    They send it in letter form so there is proof you were notified. Totally normal. Not a conspiracy or rudeness. I honestly don't know what you feel you need to prepare. This is a very simple matter and you are making it far more difficult than need be. Simply inform them that your parents are guest and will be visiting from X-Y and that there are no children residing in the home. No need to bring out Perry Mason or hit the law library.
     
  7. army judge

    army judge Super Moderator

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    You only know what you observe when you are on the inside looking out.
    You don't really know what you see when you're outside looking in.
    You don't want to be strong, or try to demand.
    If you wish to discuss, negotiate, compromise, and require the other party to offer you something, you only want to be strong if you're operating from a position of strength.
    You aren't operating from a position of strength.
    You're extremely vulnerable to the whims and wishes of your landlord, unless you have millions of dollars to spend for a lawyer, its best to appear weak, vulnerable, scared, and worried about your baby.
    You have two options, apologize for not knowing the rules, agree to remedy the situation, and beg the property management to allow your parents to stay until one month after the baby is born.
    Promise to pay any additional fees for your misinterpretation of their rules, and profusely, sincerely apologize once more for the misunderstanding.
    Ask for one more chance to illustrate what excellent members of the community you and your family will continue to be as long as you are tenants.
    You have no legal safety in saying, "But the people in unit 201, unit 302, and unit 603 did this, too.
    Trust me as a licensed Texas attorney with decades of experience, bullying and strength when your opponent knows you're weak never works.
    I wish you peace, safety, and a very healthy, happy, baby.
     
  8. txls

    txls Well-Known Member

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    Your conversation with them should be very simple. " I was very surprised to receive this letter and I'd like to clear up some misunderstandings. 1st item is we do not have any children living with us. We are currently expecting our 1st child. 2nd, my parents ARE here to visit and help me with the baby. They are NOT here to stay."
     
  9. ElleMD

    ElleMD Well-Known Member

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    Realize too that if your parents have already been here for at least a week or two, you aren't due for another month+, and they intend to stay for at least another month beyond that, it very well may cross the line as a temporary house guests. Temporary guests do not stay for several months. That is a tenant. You may need to look into other accommodations for your parents nearby. Certainly now when then there is no baby to care for they are not needed in the actual home 24/7.
     
  10. disagreeable

    disagreeable Well-Known Member

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    Consult your lease regarding guests. This is the US, not a third world country. Rarely will an apartment complex allow you to move in all your family from around the globe. They do not care how far into your pregnancy you are. They care about the wer and tear on their unit vs the rent you are paying.
     
    army judge likes this.
  11. Vict

    Vict Law Topic Starter New Member

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    Thank you for taking out time to reply.
    May be I am making it more difficult. But it is hard for me to deal with at this point of time. We tried to get hold of them thrice and there is been no response from the lady concerned.
     
    Last edited: Mar 24, 2015
  12. Vict

    Vict Law Topic Starter New Member

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    Thank you. May be I will look for another location for ourselves.
     
  13. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    So...you'd rather move at 35 weeks pregnant, facing having an eviction on your record rather than walking over to management and getting this confusion solved?

    Seems like a rather, well, dumb choice on your part. Stop being so cowardly and simply walk in and get this straightened out.

    Gail
     
  14. Vict

    Vict Law Topic Starter New Member

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    @mr Disagreeable: exactlyyyy. "They do not care"... Wear n tear of these apartment units is out of question... We are not exceeding the maximum limit yet. I know very well this is "the US".
    Thank you. It was as humiliating as this situation is. Thank you
     
  15. txls

    txls Well-Known Member

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    If you are unable to reach them by phone or in the office, then write them a letter.
     
  16. disagreeable

    disagreeable Well-Known Member

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    They are not in the business of caring. They are in the business of renting. All you need to do it appears is find a motel that rents by the week and have your relatives move in there. Take proof over to the manager you have corrected the violation. If you plan on having them long term, rent a house when your lease is up and include them.

     

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