HELP! MY APARTMENT MANAGER IS TRYING TO EVICT ME

Question

Apartments...the manager just moved into this apartment below me. ive been here over 5 years and never had a problem until now. I got a notice for a nosie violation for my daughter playing "hanna montina". Today i come home and recive a letter (from the paprtments) taped on my door for notice to evict in 3 days (i am in houston texas..there is a tropical storm on its way which will be here tomorrow and they expect me to move?!) They are stating that i owe over 1,000 dollar in late fees from 2007. Now i have never not once received a statment about these fees they state they posted them on my door...but there is no way i owe that and why didnt they tell me in 2007!. To make a long story short...i dont have the means of moving in 3 days esp. in the rain my mother says they have to serve me with a eviction notice by a constiable to appear in court for non payment of rent. is this true how does this work and can i have refferences to some laws? There has to be something wrong here. They stated to me that they took the rent i paid for august and applied it towards my late fees therefor i still owe rent for august!!! I am totally confused....please help what can i do. Trying to call the houston apartment assoication is no help at all everyone is off work due to the storm there no way i can find anything out before wed.

Answer 1

As far as the notice to vacate in 3 days, you can choose to leave or not.  They cannot evict you without a proper eviction served by the court.  So, your mom is right.  Have you asked to see the statement of late fees (the one in their records, not the ones they supposedly put on your door, which surprises me that they do business that way).  I would say wait the storm out and talk to someone when they return to work.  You cannot be evicted without an eviction through the courts, which sometimes can take 3 months.  I would like to say though that I would strongly suggest moving before they get a court to grant an eviction, it will go on your credit history and you'll have one heck of a time getting another apt. or purchasing a house.  Good luck.

Answer 2

i live in pasadena tx, what part do you live in? i have never heard of that before..

i would march downstairs to that "mgr" house and say to them "show ME your policy book that states you are in right to do this to me"!!!

Answer 3

From the "people's lawyer" regarding leasing law in Houston Texas:

III. ENDING A LEASE

A. May my landlord simply throw me out if he or she wishes?

A landlord who "throws out" a tenant may be liable for both civil and criminal penalties. Before you are evicted you will receive notice of the legal proceedings and opportunity to be heard in court. A tenant may only be evicted after the landlord has: 1) given the tenant a notice to vacate; 2) commenced legal proceedings against the tenant; 3) provided the tenant an opportunity to appear in court; 4) acquired a court order requiring the tenant to leave; and 5) obtained the services of a constable or sheriff to carry out the eviction.

Answer 4

They can't legally force you to move without going to court & obtaining an eviction order from a judge. The BS in late fees from 2007 sounds shady. Ask them why you were still allowed to live there if you had over $1,000 in late fees.  Sit tight where you're at, it'll be at least  a month before you get a legal eviction order. But if I were you, I'd move as soon as possible.

Answer 5

This is the best I could find for now. It has other links that you could look at also...wish you the best of luck!!! I must say...the nerve of them to do this right before a storm, knowing that you have a child and all......

Answer 6

The 3 days notice is a requirement before they can file a case in JP court.

When they do, you'll be served by the constable or sheriff for a 'forcible detainer' court hearing.

Ten days after that hearing, if you've not vacated, the management can go back to the court to execute the forcible detainer, meaning that the constable will stand by while the management moves your belongings to the curbside.

So, you have 20-30 days, in actuality.

Good Luck.  

Answer 7

They cannot evict you in three days, that is illegal.  First, they have to give you 30 days, and secondly it has to come from a court order.  If he really wants to evict you he is going to have to take you to court...  he cannot just throw you out.  Until he does that, you are safe.

Answer 8

Call the local tenants advocacy board.  They should provide legal counsel.  You can find their number through your state's department of commerce or interior or through information.  Whatever their name, seek out the help of a tenants advocacy organization and whatever you do, don't leave unless your safety is at issue (I don't know how bad the storm is supposed to be).  

Answer 9

Get a lawyer today, or as son as possible. If your daughter plays her music too loudly, that's legitimate grounds for eviction. If you owe back rent or back fees, that's legitimate grounds for eviction. There's no legal requirement for the landlord to tell you you're late on the rent, you're supposed to keep track of your bills yourself. Don't want to sound like a hard case, I have a lot of sympathy for your situation - but there are two sides to every story and we're not getting the other side so I can;t really make any judgment call here without complete information. You need a lawyer ASAP.