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Seriously bullshit. Ok I admit I screwed up but between the death in the family and being on vacation for Thanksgiving I kind of forgot to pay my rent. However instead of informing me they instead left an eviction notice on the door the day after the rent was due despite the fact that in the over 3 years I was there I was never late.

But seriously 1 day late and they evict you then give you three days to move is seriously fucked up. But that's Texas for you so it's completely legal for them to do that.

In that case, in all seriousness, I advise you to consider moving somewhere with more humane laws regarding the rights of tenants if at all possible.

Anyway, my sympathies. Best of luck finding a new place, hopefully with a land lord who isn't such a bastard.

Dude. Texas. Do I really need to say more here?

When I lived in Colorado they just charged a fine for being late.

Here in Britain landlords generally can't throw you out unless the rent is more than a month late, and they have to give something more than three days notice.

Eternal_Freedom wrote:Here in Britain landlords generally can't throw you out unless the rent is more than a month late, and they have to give something more than three days notice.

In New York the tenant protection laws are on the tenant's side and eviction is incredibly difficult. It's mostly the south where rights are nonexistent and slumlords rule supreme.

That's fucking disgusting. I hope you'll be ok dragon, sounds like you really need a break right about now.

You may want to read over your rental agreement. I know on mine, being late on a payment was not grounds for eviction. I assume this was because being evicted means you were no longer on the hook for the full rental agreement amount and people would/had used it as a way to break their contract legally.

And I'm pretty sure you can't evict someone in three days, even in Texas. It's 3 days before they can file suit against you to try and force the eviction. And you can appeal. And as bad as Texas can be, judges don't generally like people getting bullied out of their homes, especially if they can show they've been in good standing and there are mitigating circumstances such as a death in the family.

If they come in and just start trying to take your stuff out. That's burglary since just saying "you're evicted" doesn't mean anything. You have the option of resorting to violence to defend your home and property. This is Texas after all.

Yeah, typically, even in states with awful renter protections, an eviction needs to be performed by an agent of the court (normally someone from the Sheriff's office), not by the landlord, which means the landlord has to go to court to actually get you evicted. Slapping up a notice doesn't constitute a legal eviction, unless it's ordered by the court.

My rental agreement says I can be tossed out for damn near anything in theory, here in Colorado, but in practice they just charge a late fee unless you're more than a month late at all six apartments I've had here. My current landlady used to be super laid back about it, charging a flat $30 for any amount of tardiness, but then the building hit hard times due to various acts of nature and she went all ballistic about it on the last lease, slapping on 20% of the rent itself for any amount of tardiness and actually kicking a few people out with about 1-month's notice. This one day late you're out stuff is bullshit. Get a lawyer.

You have the right to fight it in court. Read this for more info, and then get yourself a lawyer to go over the nitty gritty.

You may lose the appeal, but if nothing else it buys you time to find a new place.

Eternal_Freedom wrote:Here in Britain landlords generally can't throw you out unless the rent is more than a month late, and they have to give something more than three days notice.

Here in New Zealand my parents had a tenant who got deported*. They had to wait until he was 4 weeks behind on his rent before they could even start the court proceedings to formally evict him. A process that meant my parents had to appear before a judge to get the judge to approve everything. Since the former tenant wasn't in the country to sign the papers, he couldn't even voluntarily end the tenancy.

*He had been living in that flat for 7 years and was running his own business. So there was no reason to suspect that he was in the country illegally.

TheFeniX wrote:You may want to read over your rental agreement. I know on mine, being late on a payment was not grounds for eviction. I assume this was because being evicted means you were no longer on the hook for the full rental agreement amount and people would/had used it as a way to break their contract legally.

And I'm pretty sure you can't evict someone in three days, even in Texas. It's 3 days before they can file suit against you to try and force the eviction. And you can appeal. And as bad as Texas can be, judges don't generally like people getting bullied out of their homes, especially if they can show they've been in good standing and there are mitigating circumstances such as a death in the family.

If they come in and just start trying to take your stuff out. That's burglary since just saying "you're evicted" doesn't mean anything. You have the option of resorting to violence to defend your home and property. This is Texas after all.

I would not advise using violence though. For one thing, this is Texas. The other guy might well be armed. Or the police might get called and shoot first, ask questions later (if ever).

The Romulan Republic wrote:I would not advise using violence though. For one thing, this is Texas. The other guy might well be armed. Or the police might get called and shoot first, ask questions later (if ever).

Calling the police would be the pre-requisite to this situation. When they show up (and they will if you tell them "People are robbing me, I've got a gun to defend myself"), you don't brandish your weapon while saying "I SHOTS SOME PEPLES!" You have your ID ready in a visible location, stay put, and make sure you don't make any quick movements and keep your hands visible. If you feel you still need/needed your weapon nearby, you have it in a visible location but not close enough that you could dive for it. And have your hands in an elevated and visible location as the cop comes up so he can secure the weapon.

If you feel you need hands on your weapon as the cop shows up, make sure you set it down slowly and obviously. Then back away from it with your hands up. I..... don't recommend this approach.

Once the cops understand you're the one who called the police and you are protecting your property, they are usually really cool. But like a lot of people trained in the application of violence: you don't do anything rash to set off a split-second reaction.

If you have a renters agreement and have been living at a location for X amount of time (I can't recall the exact amount of days, but there is one): that's your home. Anyone not law-enforcement and/or without a legal notice of eviction trying to remove your property is robbing you. Coming in with guns is armed robbery. My experience is only through talking with cops we used to shoot with and one friend who was almost illegally evicted (he responded by brandishing a weapon, which worked). But more than one of them had talked about dealing with idiot landlords who get their buddies to handle moving people's shit out of their homes because very few honest moving companies are going to get involved in a situation like that without legal backing. Because robbery is a great way to end up in jail, lose your license and business. In those situations, those guys go to jail.

Any landlord on the up-and-up isn't going that direction. They are going to get a court order, go through the hoops, and show up with a Constable when the eviction is performed. They don't want a shoot-out or violence. They want you out in a legal way so their ass is covered. A landlord not going that route is probably dirty anyways and cops don't like that shit.

All that said: you can defend your property with deadly force in Texas. An illegal eviction is tantamount to a home invasion. I'm not about to shoot some guy over my TV (probably would slash his tires if I felt he could leave before the cops showed), but if they tried to dolly out my gun-safe? They aren't leaving with those guns. Anyone willing to go that route obviously does not have legal intentions for them.

The guy is just muscling you. If you can show a cashed check or transfer being accepted inside a few days no judge or even sheriff's department would give your land lord the time of day. If the landlord can show a history of late payments or combine this with other lease violations though that's another story.

At this point until you get an official government sanctioned notice you can basically ignore your landlord. Are you sure the notice wasn't of his intent to pursue eviction? Did you talk to him to make sure you didn't get an automatic form letter or something?

ok got it fixed and since it was there computer system that glitched the payment they waved January rent. However the lease expires in April so I think it's time to actually by a house as it looks like I'll be staying here in crappy Corpus Christi for awhile

All's well that ends well. Hopefully, it's clear sailing from here on out.

Glad to hear it's worked out. And waiving January's rent is a nice way to apologise.

What skills do you have Dragon? I might know a headhunter that can help you get a job in a better location.

Solauren wrote:What skills do you have Dragon? I might know a headhunter that can help you get a job in a better location.

I have a B.S in Mathematics with a Minor in Physics.
Also a Masters in Aeronautical Science with a specialization in Space Studies.

As for Experience 5 and a half years in the Army working as a communication specialist.
I have 6 years working as a Government employee doing Information Technologies.
I have certifications in Network+, Security+, MCSA Vista and Win 7, MCITP Vista and Windows 7.

Thing is since I bought back my military time I am about 60% time needed for minimal retirement. I would kind of hate starting over.

A Masters in Aeronautical Science, you say? And a Bachelor's in Mathematics? There's actually a job opening starting today that you might be perfectly qualified for:

https://www.usajobs.gov/GetJob/ViewDetails/423817000

Executor32 wrote:A Masters in Aeronautical Science, you say? And a Bachelor's in Mathematics? There's actually a job opening starting today that you might be perfectly qualified for:

https://www.usajobs.gov/GetJob/ViewDetails/423817000

Sweet but as I am 80% disabled I doubt they would take me as there is no way I could pass the physical.

Training for long-duration missions is very arduous

Depends what kind of disabilities, I suppose. For example, is there any particular reason why a wheelchair user would be at much disadvantage in microgravity?

Depends on the reason for the wheelchair, doesn't it? If it's a lower spinal cord injury there might be problems with the paralyzed limbs being uncontrolled in tight quarters but it's probably manageable. Someone missing their legs might be at an advantage (less body mass to maintain, able to fit more comfortably into smaller spaces, etc.). Someone like Stephen Hawking, though, is going to be physically helpless whether in 1g or microgee.

Regrettably, NASA has been very reluctant to allow anyone other than exceptionally fit people into space even though at some point we (supposedly) will be sending ordinary folks aloft. I think it unlikely they're ready to accept disabled applicants. There are so many qualified able-bodied applicants that they have no need to do otherwise.

But, what the hell - apply anyway, someone has to be first, right?

Now now, we must not get in the way of populating space only with our fittest, brightest, strongest, blonde, blue-eyed...wait...