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  1. #1
    Join Date
    Dec 2010
    Location
    Houston, Texas
    Posts
    7

    Default Illegal Lockout in Houston, Texas

    My question involves an eviction in the state of: Texas

    Can an Apt Manager use an old Notice to Vacate\Notice of Eviction to lock me out?

    I was given the notice around the 8th of this month and was to be locked out on the 13th. I paid 300 toward the balance and she lead me to believe this would be fine until my first paycheck with my new job came through on Jan 4th, in which I would pay the balance in full. Yesterday the 28th my electricity was shut off in the morning (all bills paid complex) and I spoke with the manager about my paycheck coming on Tues. She lead me to believe my electricity would just be shut off til then. When I returned home later that evening I was locked out. She did not even bother to tell me she was planning to do this when I spoke to her about the electricity. She said she DID NOT have to give any new notice. She also DID NOT leave a notice on the outside of the Apt with the required three pieces of information after the lockout.

    Also, she is refusing to allow me back in until I pay 150 towards the balance. I thought I had to be served a Writ of Possession by law enforcement before I could be officially kicked out of the apt...?

    P.S. Can I just write a letter stating I am terminating my lease for the illegal lockout as of today, will move out by Jan 5th (7days to move out my things), make two copies, deliver them to the manager, make her sign both copies then leave her one? I WILL be suing to the fullest extent immediately, but cannot put up with their illegal practices any longer. I do not even have some of the basic safety features required by law, but if you are behind there is nothing you can do, of course. AND I do not want to give them a single penny more!

    Thanks,

    DuFFie

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Illegal Lockout in Houston, Texas

    Tell us about your rental. Is this a home or apartment, or are you staying in a "by the day" or "by the week" motel?

  3. #3
    Join Date
    Dec 2010
    Location
    Houston, Texas
    Posts
    7

    Default Re: Illegal Lockout in Houston, Texas

    Quote Quoting Mr. Knowitall
    View Post
    Tell us about your rental. Is this a home or apartment, or are you staying in a "by the day" or "by the week" motel?
    It's an apt complex. I signed a 12 month lease, all bills paid. The only stipulation I can find in the Texas law that is different for an "all bills paid" complex is that they can shut-off utilities, with notice.

    What I need to know most now is whether or not she can actually use an old notice for a lockout 3 weeks later. I have filed suit against them and terminated my lease. So, whether or not it can be used weeks later (weeks after she has lead me to believe all will be fine until my paycheck came in) will be very helpful in the trial.

  4. #4
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    Sep 2005
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    Default Re: Illegal Lockout in Houston, Texas

    You need to do a better job explaining what happened. What is the "old notice"? You claim you've terminated your lease - by doing what, when? Before they locked you out?

  5. #5
    Join Date
    Dec 2010
    Location
    Houston, Texas
    Posts
    7

    Default Re: Illegal Lockout in Houston, Texas

    Quote Quoting Mr. Knowitall
    View Post
    You need to do a better job explaining what happened. What is the "old notice"? You claim you've terminated your lease - by doing what, when? Before they locked you out?
    I was given a Notice to Vacate on the 8th to leave by the 13th. In Texas Notice to Vacate is not an eviction unless the tenant agrees to it by moving out. The landlord still has to go through the eviction process in court before disallowing the tenant to live in the dwelling. I paid more than half of the rent on the 13th and the manager lead me to believe that this would be sufficient to stop eviction until my paycheck on the 4th of Jan., in front of my minister (a credible witness), who was helping me pay that amount. On the 28th she locked me out of the apartment stating that the notice from the 8th was sufficient to perform the lockout.

    Texas Property Codes allow tenants to immediately terminate their lease when the landlord has violated the lockout laws. Whether or not the warning before the lockout was enough, she failed to leave a notice on the door afterward with the required by law three pieces of info. She even stated to me that they do not have a 24hr number to call when someone is locked out, VERY illegal. I sent a certified letter terminating the lease due to those violations.

  6. #6
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    Default Re: Illegal Lockout in Houston, Texas

    Lockout laws are summarized here. Without seeing the lease, notice, and any other documentation that may exist, I'm not going to speculate as to whether or not the lockout laws were violated; that's something the judge can decide based upon the full facts after hearing both sides of the story.

  7. #7
    Join Date
    Dec 2010
    Location
    Houston, Texas
    Posts
    7

    Default Re: Illegal Lockout in Houston, Texas

    Quote Quoting Mr. Knowitall
    View Post
    Lockout laws are summarized here. Without seeing the lease, notice, and any other documentation that may exist, I'm not going to speculate as to whether or not the lockout laws were violated; that's something the judge can decide based upon the full facts after hearing both sides of the story.
    I don't need someone to speculate as to whether or not the laws were violated, I know they were...I have been all through that site, long before coming here. ...What I NEED to know is how long a NTV can last. All the laws say specifically is that they must give written notice "at least" three days prior. So far this seems like a loop hole in the law.

  8. #8
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    Sep 2005
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    Default Re: Illegal Lockout in Houston, Texas

    In case you missed it, two of the things I haven't seen are the notice and the lease. I also have no information that would tell me whether your understanding of the implications of your partial payment were shared by your landlord. Without the relevant details we have to guess and what good does that do?

  9. #9
    Join Date
    Dec 2010
    Location
    Houston, Texas
    Posts
    7

    Default Re: Illegal Lockout in Houston, Texas

    Even if there were a provision in the lease, which there isn't (standard TAA lease), the Tex Prop Code states "Any provision in the lease that purports to waive a right or to exempt a party from a liability or duty under these Texas Property Codes is void". Also stated on the website you suggested.

    The notice was also standard TAA NTV...

    AND my Minister was a witness (will testify as such in court) to the fact the the landlord said no further action would occur as I would be paying all outstanding balance and Jan rent on Jan 4th.

    But, in case you missed it, none of that is important. Notice after the fact was improper and nonexistent, demand of money proir to removal of the lockout device was a violation, there are plenty of violations I could list, as there were 10 in all.

    I only need to know if the landlord has a right to use a weeks old notice for a second lockout attempt.

  10. #10
    Join Date
    Sep 2005
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    Default Re: Illegal Lockout in Houston, Texas

    Again, we can't tell you what something means if we have no opportunity to review it or the other relevant documents.

    If we are supposed to guess, for example, that you were warned, "If you don't pay your overdue rent you will be locked out", it would be reasonable to guess that the notice is valid until you pay your overdue rent or are locked out. A guess on top of a guess, though, is useful to no one.

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