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Lana Foxx · 03-24-2010, 12:04 PM

I would be willing to trade...fun for help. I am stuck in a ghetto and really need a night in shining armor to help. Actually a lawyer would do just as well...HAHAHA!

My landlord (management company) is seriously trying to harass me and clean me out financially and I already have proof of them violating codes...please help, quick and I'l make it worth your while!

Lana Foxx · 03-24-2010, 01:44 PM

Threatening to lock out because of non-payment of late fees. Codes say that they can't lock out bc of late fees, only rent. Also, can't be rent has to be utilities. The utilities are in the lease and billed by the apt's. Does that make that RENT?

Also, they forced cable on me, telling me I had no choice but to get it. Everyone here has been forced to pay for it - even if it's not in the lease. for me, it is in the lease so I guess I am stuck with it.

Additionally, if I owe $70 I will pay it no biggie. Can they charge me an addnl $190 just for kicks? I had some issues with paying my rent this month. For the first time, I used the online method pay like a check. I entered my routing and account number. I received 2 confirmations and a final confirmation, and forgot about it. A few days later, I looked and the money was still there. I immediately withdrew it, added some late fees and took it to the office. I was $10 short. How did $10 turn to $70 and $190?

Someone explain this to me...

Oh, the codes....the codes say that they cannot lock me out for late fees. Can they lock me out for utilities? They can't turn em off, I know that...

Marcus78 · 03-24-2010, 04:21 PM

Hi Blue Lady,
The answer to most of your questions are going to be in the contract you signed with the company. If you read the contract, I can almost guarantee that it has all the fines you mentioned laid out for you. If you signed it, then you agreed to pay it. Only a court will determine if they are unreasonably harsh penalties, but from what you described, I see nothing out of the ordinary. Start by checking out Section 92.101, and moving forward from there, of the Texas State Property Code. You will find some of your answers there, but will probably have to hire an attorney. Good Luck!!
-Mark

Mokoa · 03-24-2010, 07:08 PM

You may want to post your question here in the Question of Legality forum.

http://www.eccie.net/forumdisplay.php?f=7

xfin · 04-14-2010, 12:21 AM

If they are truly violating certain building codes, then you can withhold rent until they fix the violations, but you still owe the rent. If you can't pay your rent, then you can't pay it, everything else flows from there.
If I don't pay my mortgage, or my utilities, or my property taxes, guess what, my tenant still gets kicked out when I loose my property. That's why they're being such dicks!

landman40 · 04-14-2010, 09:34 AM

Additionally to the above comments...it would of been necessary to send them your complaints in writing as the have an opportunity to fix the problems "within a reasonable time" before you can break the lease....

Gipper · 04-14-2010, 10:20 AM

What landman says.

Start a paper trail.
Follow up phone calls with confirmations on paper.
You signed a lease; therefore you are already behind the 8 ball.

guest090112 · 04-14-2010, 11:13 PM

What gipper said...I would one step further and send letter/request by cetified mail.

Just won in small claims court and that was what won the case for me.
It is a pain in the ass, but documentation can save you.

Good luck.

Lucky40 · 04-14-2010, 11:47 PM

You may need to call The Office of Fair Housing and Equal Opportunity and see what they say. You can call toll-free 1 (800) 669-9777, or get your local number in San Antonio and call them. I am sure they will have the right answer for you. By the way I would think it is a bad idea to enter your routing and account numbers online.