DFWM landlords and legal gurus.

[mstng86]

I don't know about any of this. But i would listen to the lawyer on the board.

[Roscoe]

The following IS NOT legal advice. I am not a property lawyer, nor have I ever handled a landlord/tenant dispute like this before. The following is for informational purposes only.

He needs to look at his lease and see what it says. They quote "Section 20" regarding "disrupting our business" but I can't tell if that's a quote from the lease or the Notice to Vacate for Non-Delinquency Breach of Lease the letter mentions right before it. He needs to look at his lease and compare the language in it to the language in the Notice to Vacate for Non-Delinquency Breach of Lease and see whether there is any conflicting language regarding that issue. Even if the lease does say that, WTF does "disrupting our business" mean? If you walk into the apartment manager's office while he/she is on a business related phone call and he/she tells you to wait a minute, is that also a disruption of business? What if you car breaks down while driving into the complex and temporarily blocks the entrance to the complex and other tenants can't get in? Is that also a disruption of business? You see where I'm going with that, right?

Is the term "disruption of business" defined in the lease? If the lease really has the term they quote in that letter but doesn't define what a "disruption of business" is, I would argue that it's ambiguous term. It's well settled law that ambiguous terms in a contract are construed against the party that drafted it, which in this situation is the landlord/property owner. If it's not defined, I would argue that the term is ambiguous so JP court should construe it against the landlord and dismiss the eviction.

The following IS NOT legal advice. I am not a property lawyer, nor have I ever handled a landlord/tenant dispute like this before. The following is for informational purposes only.

That's what I was going to say...

Boom. Headshot.

What is "disruption of business"? And a "grown ass man" should handle his business himself... [/naynay]

[Chili]

Thank you. I have been doing as much research as I can but some of those sites have non-stop contradictions there.
I know who on here knows what they are saying and who likes to just stir shit. There are many on here I know and trust which is why I made the thread here. I value a good portion of ya'lls opinions.


And on a side note, shouldn't circuit breakers that are 2' off the ground and outside in an apartment complex that is a family complex with playgrounds and all be locked some way? It does not make what she did right but also seems like any outside power distribution should be secured, no?

Just to be clear, I wasn't trying to say you shouldn't be asking this here, I was just trying to give you some more ideas on resources available online.

I think Gear Jammer is on to something. I also couldn't see the pic of the notice. Surely they have to give more than 12 days notice on an eviction. My lay-persons understanding was that it would always be at least 30 days unless proven to be a significant safety hazard.

Based on the terrible write up on the notice I guarantee they didn't have a lawyer review or draft that, so I would be very skeptical that it is legal and enforceable in any way. That said, they may have to wait for the "illegal eviction" actually occur (by being locked out) for them to be able to claim and sue for damages.

They should try contacting a legal aid group to see if they can at least get an attorney letter drafted and delivered before the 30th to dispute the eviction. Sounds like a shitty situation and that they probably should move regardless, but at least on their own schedule rather than the apartment complex's.

[Broncojohnny]

The following IS NOT legal advice. I am not a property lawyer, nor have I ever handled a landlord/tenant dispute like this before. The following is for informational purposes only.

He needs to look at his lease and see what it says. They quote "Section 20" regarding "disrupting our business" but I can't tell if that's a quote from the lease or the Notice to Vacate for Non-Delinquency Breach of Lease the letter mentions right before it. He needs to look at his lease and compare the language in it to the language in the Notice to Vacate for Non-Delinquency Breach of Lease and see whether there is any conflicting language regarding that issue. Even if the lease does say that, WTF does "disrupting our business" mean? If you walk into the apartment manager's office while he/she is on a business related phone call and he/she tells you to wait a minute, is that also a disruption of business? What if you car breaks down while driving into the complex and temporarily blocks the entrance to the complex and other tenants can't get in? Is that also a disruption of business? You see where I'm going with that, right?

Is the term "disruption of business" defined in the lease? If the lease really has the term they quote in that letter but doesn't define what a "disruption of business" is, I would argue that it's ambiguous term. It's well settled law that ambiguous terms in a contract are construed against the party that drafted it, which in this situation is the landlord/property owner. If it's not defined, I would argue that the term is ambiguous so JP court should construe it against the landlord and dismiss the eviction.

This is pretty solid non-legal advice. He could also make the case that, despite the fact that he regrets the incident, it didn't disrupt their business since a lack of A/C is a normal maintenance call.

Furthermore, if this girl is formally handicapped, landlord may be violating the Americans with Disabilities Act by evicting her. If he would like to create a fantastic conversation, he can always mention that idea to the property manager and she will probably load her pants up with steamy brownies on the spot. Then again maybe not given the obvious stupidity indicated by that laughable notice letter. You generally have to be dealing with someone who is competent in order for hints like that to have the desired effect.

[barronj]

Furthermore, if this girl is formally handicapped, landlord may be violating the Americans with Disabilities Act by evicting her. .

In Austin, we have the Austin Tenant's Council which gives free consultation to tenants in Austin. There might be one where your friend lives. Alan is on the right track though, they investigate discrimination claims with a heavy hand in Austin. It's not call & report today, nuts in a vice tomorrow type reaction, but it will make the manager do a 180. This apartment manager has superiors somewhere, get them on the phone, once y'all have a framework and legitimate basis for counter complaint, and lay it out on the table for them. I guarantee they don't want to wade in to a discrimination suit. They will have a new manager in the old managers chair before the cushion gets cold.

['90Vert]

Apartment complex saying move or be evicted and apartment complex filing for eviction are two different things. They should do nothing until they get notice from the court. My guess is they never will. Complex is blowing smoke.

I have done many evictions. Only once had the tenant (defendant) show up. I win by default. Justice Of Peace court is set up to be easy without an attorney(less formal and fewer rules). If they do get a court date they could defend it themselves. Show up, be polite at all times, explain to judge her special needs and request a lock for breaker box. This would be an easy accommodation under ADA. They will win if they can act professional in court.

[Ted]

Apartment complex saying move or be evicted and apartment complex filing for eviction are two different things. They should do nothing until they get notice from the court. My guess is they never will. Complex is blowing smoke.

I have done many evictions. Only once had the tenant (defendant) show up. I win by default. Justice Of Peace court is set up to be easy without an attorney(less formal and fewer rules). If they do get a court date they could defend it themselves. Show up, be polite at all times, explain to judge her special needs and request a lock for breaker box. This would be an easy accommodation under ADA. They will win if they can act professional in court.

This, and alot of times, the person filing the paperwork is incompetent and it gets thrown out on technicalities.

[Nash B.]

This, and alot of times, the person filing the paperwork is incompetent and it gets thrown out on technicalities.

Looks like that might be a possibility, based on the eviction notice.

[LaserSVT]

Doing some shopping and it appears they can have a LOT more space and be in a house with bedrooms for each child (big plus for the teen) for only $50 more per month.


Get this though, yesterday they got another notice that they have to pay $580 for early lease termination. WTF?