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  1. #1
    Join Date
    Jun 2006
    Posts
    5

    Default Eviction After Threats And Lies in Texas - MBS property

    We have been living at our apartment for a year. We are now facing eviction for "nonpayment" of rent. Now, we have been late on rent quite a few times before as my husband at one time worked for FEMA (after the hurricanes) and is now starting his own company so money was not predictable and he was always out of town. This had never been a problem before, we just paid when we could with all the late fees, management understood THAT was before MBS took over our property.

    MBS took over a while ago and we've had continuing problems since. For some reason, they have hired a new office staff that has been their for a month or two now. THIS STAFF TAKES THE CAKE!

    First of all, rent is due on the 1st with a grace period till the 3rd. On the 5th, they sent us a: REMINDER LETTER, NOTICE OF INTENT TO LOCK OUT, AND A NOTICE TO VACATE all STABLED together! Now I know this enables us with 2 defenses from that alone, faulty notice to vacate and failure to give oppurtunity to cure. And of course we have the waiver defense since late payment was repeatedly accepted.

    On the 9th someone was BANGING on my door when I was alone with my 2 children (one being an infant). I answered it to find some huge dude that said he was manitanence and some woman with a clipboard. (I had never seen either one of these people before) The woman informed me she was there to enforce a Landlord's Lien and I had to let her in to take all of our TVs VCRs DVD players and such. I told her no way, she then said she had to do a lockout if I didn't comply with the lien. Her EXACT words were, "Then we will have to lock you out." Now, I had never dealt with this before so I didn't know what to do. She specifically made it seem like we HAD to let her enforce the lien or be locked out. I was alone with my children and I was not about to let her do either so I told her to just start the eviction process to which she replied, "I can't start the eviction process until I change the locks. The courts won't even allow an eviction unless I do that first." HA! But I honestly didn't know any better, I just knew it didn't SOUND right so I still refused. She then said I could pay rent THAT day but only THAT day. I told her I would have to call my husband, who was in Florida, and she said she would wait. I called him and he said to tell her we would pay tomorrow. I told her and she was really rude and asked "What time? If you don't pay by this time we WILL be back to enforce the lien"

    That's when I looked up the laws on lockouts, leins and evictions. I WAS SO ANGRY THIS WOMAN HAD JUST LIED AND THREATENED ME! However, we did not pay the rent the next day. WE COULD NOT. But we were working on getting it. After that happened, I didn't not want to talk to them until we had the money.

    On the 12th my husband received a NASTY threatening message on his voicemail. Basically she said she would be there in just a few minutes to take everything in the apartment and that if I had a problem with it I could take it up with the courtesy officer. It was just an awful message that I made sure he saved should we need it in court. I called her back and she pretty much said the same thing to me and I informed her that there was no way I was going to let her into our apartment and that's when she said she was going to anyways and if i didn't like it a courtesy officer would be there. I informed her it was outside her legal means to use force and that that was the only way she was getting in. IMMEDIATELY she put me on hold and the actual manager (the other one was assistant manager) came on the line and said if I weren't going to let them then they would file for eviction and the process would be expediated and be on our credit report and they WOULD NOT ACCEPT RENT. I was already so angry I basically just said good luck. I was calling to actually arrange payment. WE HAVE PAYMENT, RIGHT NOW!

    What do we do? Is there any legal action we could take against them? Somewhere to report them to? I am so shocked and so disgusted by all of this. I only THOUGHT I hated this place before ....

  2. #2
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Eviction After Threats And Lies in Texas

    This will describe Texas evictions, lock outs, etc. An eviction is different than a lock out. I would like to give you advice, but I don't know how many days you had a warning and exactly what papers were given to already.

    http://www.housing-rights.org/evictions.html

    http://www.housing-rights.org/lien.html


    The videos will give good advice:
    http://www.texastenant.org/rights/ev.../defenses.html


    http://www.peopleslawyer.net/tenants2.html

  3. #3
    Join Date
    Jun 2006
    Posts
    5

    Default Re: Eviction After Threats And Lies in Texas

    All the dates are in my post. It's all for this month. All the documents i've received are in there too. So far, just a reminder to pay, a notice of intent to lock out and a notice to vacate. I haven't gotten anything on an eviction yet. They said they were going to file yesterday (12th). I'm not so much concerned about that, I just want to know what to do about them. Is it legal for them to treat tenants that way and just flat out lie? I want to know where to report them too.

    And thank you for the sites! I've already visited http://texastenant.org My new favorite.

  4. #4
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Eviction After Threats And Lies in Texas

    Check your contract:

    "If you don't pay your rent, your landlord may take some of your property, but only under certain conditions. Texas law does not directly allow your landlord to enter your home and take your property. But if you have a clause in your lease permitting your landlord to enforce a lien on your non-exempt property, and if that clause is underlined or in conspicuous bold print, then
    the law will allow him to enforce the lien."


    § 92.004. HARASSMENT. A party who files or prosecutes a
    suit under Subchapter B, D, E, or F in bad faith or for purposes of
    harassment is liable to the defendant for one month's rent plus $100
    and for attorney's fees.

    Keep the voicemail. She is suppose to do everything in a professional manner, not a threatening manner. If you can prove she threatened and lied to you, the court case might be dismissed.

  5. #5
    Join Date
    Jun 2006
    Posts
    5

    Default Re: Eviction After Threats And Lies in Texas

    Yeah, the lien I know they can't enforce if I don't allow them access to it as they are not allowed to use any force. The only way they are getting in is if no one is home and well ... i'm a stay at home mom so that's not happening either.

    The voicemail is definately saved and will be used in court. My sister in law is an attorney (family law) and her husband is a judge so hopefully we can find a good lawyer when we aren't too embarassed to tell them and ask for their referral.

    I have another question, if we do get the eviction dismissed and we find a place to stay so we move out anyways, that is treated as just breaking the lease right? I mean, we will just be obligated to pay for the rest of the lease?

  6. #6
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Eviction After Threats And Lies in Texas

    There is a difference between rent and lease. I thought it was monthly rent at first. You can move out of a lease contract if you have a good reason. Check out the links below. Try and have a good reason for moving out or you will have to keep paying until the lease is over or until someone else moves in. If you move out early and don't pay the lease the landlord can put bad credit on your credit record. The landlord can also file a civil suit for the unpaid amount. If the landlord is harassing you, I would make out a police report as more evidence you plan to move out.

    http://real-estate-law.freeadvice.co...year_lease.htm

    http://real-estate-law.freeadvice.co...ion_tenant.htm

  7. #7

    Default Re: Eviction After Threats And Lies in Texas

    This is so typical. MBS uses Katrina as an excuse for every single non-payment, yet they have no sympathy for other people with the same problem. Look, MBS has such a horrible reputation that you could break your lease and nobody would fault you for it. Just move out and go somewhere else. These are extremely dishonest people who ignore laws and regulations pertaining to their business because they figure that it's not worth a lawyer's time to sue them. There is no reason for you to be at these people's mercy. Don't bother cleaning up when you leave, either. They don't return deposits (not that you'd get it back if you break your lease), so just consider yours a cleaning fee. They do. I realize this is not what any lawyer would advise you to do, but come on. When somebody spits in your face, you shouldn't just stand there wondering what legal recourse you have. The longer you associate yourselves with MBS, the more problems you will have. Just end it.

  8. #8
    Join Date
    Jun 2006
    Posts
    5

    Default Re: Eviction After Threats And Lies in Texas

    Thank you, after things got considerably worse with them we finally just decided to call them on their bluff and we kept our rent money and stayed there long enough to find a house which we used that money for. I am still quite astonished by it all. It seems they forget that while it may be their job, it's the residents HOME. I also seen the poster that you called out on for being a tenant/employee, good job. In fact, most of those posts sound like the kind of "reviews" that pop up occasionally on apartmentratings.com Obviously fake because they usually only read about a line or two, including some that poster used, like "I love having friends and family at my apartment" It's pretty pathetic. I can't wait for the day I see them get theirs. I may not live under them anymore but I will keep checking until I see them right all of these wrongs.

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