can landlord just show up and throw you out ?

I live in garland , Texas . Our landlord showed up at 10 pm last week and told us he decided to rent to someone else and demanded we vacate in 3 days said he would show up with his buddies and move us out if we did not ( this was 7 days ago . He told my husband he is 3 months behind in his mortage and needed the money ( I guess his only way was to get it from a new renter from deposit and 1st months rent ) . We began renting from him in 2006 and have always been very good tenants to him . Problem started when we just had enough of his constant putting us off on fixing things in this house . The main bathroom needs it badly and has been this was for almost a year and is getting worse . Our problem is we do not know what to do , he has refused to give us his address ( told us he does not want his tenants knowing where he lives ) he personally collects the rent . We wanted his address because our neighbor told us we could send him a registered letter on what needs fixing . We have asked for it since we moved in . Our landlord knows we are not in any postion to just up and move and we do not have the money to hire a lawyer . Can he legally just show up at 10 pm , can he show up with people and just move us out? He said he has ways of doctoring things to make it look like we are behind in rent ( we always paid him by money order , his request ) He has since refused any rent from us ( due aug 5th ) .

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No he can’t legally throw you out without an eviction notice. If he comes back with his buddies call the police.

He has to go through the eviction process just like everyone else but he has to have a reason for doing it too. If he just wants you out for the sake of it he can’t do it because certain state laws say you have to have specific reason to evict someone.

I suggest finding out what your rental laws are and find out what legal rights you have.

  • I am a landlord in Dallas county. Though I have no rentals in Garland, the laws are the same. It sounds like YOU have a LOUSY landlord. Before you ask, no, all my rentals are “rented out”. LOL! As a landlord, I know tenants can mess people over, but what pisses me off more are landlords who mistreat their tenants. People are people and I think if you rent a house to someone, you need to take care of the place / fix problems AND follow the law. Anyway…here are a few tips…
  • Just like the other guy said, if he shows up with his buddies, call the police. They cannot touch your stuff or force you to move out, without first legally evicting you.
  • You can call the city code enforcement on him — Garland has very strict rental house inspection laws, and I bet you a nickel he is not complying with them since he sounds like an uneducated landlord. Their number is 972-485-6400
  • You do not have to leave the property unless he files an eviction and removes you through eviction court, and that takes at least 20-30 days from the day you get your 3-day notice. He has already given you a 3-day notice from what you said. If you get a constable that delivers a summons (a piece of paper with a court date) to you OR puts something in your door, you have about 10 days to move out at that point. You don’t want to wait until the last minute, as it is legal for the landlord to move your stuff to the curb (under the eyes of the constable) if you do get evicted in court. THAT WOULD BE AWFUL FOR YOU. Also getting evicted is a bad thing – as most other landlords will NOT rent to you – so in that case you will only make your situation worse.
  • The best thing you can do at this point is just move out ASAP. You can rent a truck from the Uhaul location at 635 & Garland Rd for $20-30 a day + mileage, and just find another place across town. There are plenty of rentals out there…just check the Greensheet and Thrifty Nickel.
  • Do not attempt to damage the place upon moving out, as not only will it cause you to certainly lose your deposit, it could go on your credit record or rental history record & cause have the same affect as an eviction (thought not quite as bad). Additionally I’ve seen people thrown in jail for doing enough damage to a place - in Garland for that matter of fact. So just don’t think about doing it even thought it might be tempting.
  • Checkout http://texastenant.org for a whole list of tenant rights, options, etc. Good luck!

I would contact a legal aid (free) lawyer TODAY! In most states, you can pay the rent directly to the court if the landlord isn’t making required repairs. You need to know how this is done and you need to do it ASAP! It is also probably a violation of the law for the landlord not to provide an address at which rent can be paid. Look at your lease - there should be an address or PO Box number in the lease. If there is an address, send your rent TODAY along with a letter explaining that you are paying the rent and that maintenance needs to be done (include a list of maintenance that needs to be done)!

The issue here is TIME! You’ve got to do this ASAP or the landlord will have legal grounds to evict you.

Good Luck,

Mike

Thank you very much all of you for replying I truly appreciate the suggestions , I am on my way dpwn to the city of Garland as soon as I finish this note . I think we will find another place problem is coming up with rent and deposit at same time hopefully there is someone who will work with us on deposit , again thank you all for replying .

You have a jerk for a landlord. I would do as motivatedceo said and find another place to rent. It is like if a girl does not want to be your girlfriend anymore, you can’t just make her be your girl friend. You move on. If this guy doesn’t want to be your landlord anymore just move on.

The only thing I can add to the good advice you have received is to document everything: every time he shows up, every time he calls, save every letter and email. Keep it in a log. It will help you if this ever goes to court.

Wow, I’d like to hear your landlord’s version of what is happening. I’ll bet it’s a lot different than yours.

What does fixing the bedroom have to do with your being asked to leave? Nothing?