Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist 81 Replies latest jw friends

  • TheClarinetist
    TheClarinetist

    I'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.

    Girlfriend burned down kitchen.

    Landlord wants money for repairs (obviously, no issue there) by December 5th.

    Landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease. Is that legal without our permission? Also, can she make us pay before she's paid anything?

    Is there any other way she can force us to pay immediately?

    We're attempting to get a loan to cover the costs, but it could easily take more than 10 days, which we told her (and we also told her that we would do our utmost to get it to her by the time she asked for it. We warned her that it may not be possible in good faith).

    If we are in violation of the lease and the lease is not in violation of the law, she could evict us which would be bad. We're not quite as concerned about lawsuits, because she would have the money long before it ever went to court.

    EDIT: Also, she has not given us an itemized bill. All she's given us is a number, even though we requested it.

  • Cagefighter
    Cagefighter

    In short you are responsible, but not until the landlord actuall does and pays for the repairs. Document the damage incase the charges are unreasonable. I am in Texas and used to work in the apartment biz. Check your PM, I can give you better details.

  • GLTirebiter
    GLTirebiter

    You should consult a lawyer with experience in landlord-tenant disputes. Details matter, including the exact wording of the lease, all the laws applying to rental property where you live, details about the fire and how it happened, insurance coverage, etc. You need more detailed advice than anyone could give you on this message board.

  • Ding
    Ding

    Do you have renters' insurance that covers all or part of this?

  • Cagefighter
    Cagefighter

    In Texas it is probaby the standard TAA lease.

  • GLTirebiter
    GLTirebiter
    it is probaby the standard TAA lease.

    And that "probably" is the problem. This is not a time to be making assumptions.

  • TheClarinetist
    TheClarinetist

    We were supposed to have renters insurance, but the roommate who was "taking care of it" dropped the ball. Of course, I should've followed up better about it, so I know that I share a good portion of the blame for not having it.

    I'm hoping that we can get a loan disbursed before this ever becomes a serious issue. At this point, it's just coming down to the landlord being angry because I was overly honest about the situation. LoL

    Also, Cagefighter, you have a PM.

  • AGuest
    AGuest
    In short you are responsible, but not until the landlord actuall does and pays for the repairs.

    I am not sure this is accurate, dear TC and CF (peace to you, both!). First, the landlord's insurance should be used... unless the damage is less than the deductible... or the landlord isn't filing a claim for some reason. If he does use insurance, the insurance company has a right to come after you. If he doesn't, he may have a right to ask you to pay, based on estimates (versus him paying and you reimbursing him). She MUST, however, give you copies of the estimates - she can't just give you a number. Even if she does the work herself, she has to itemize what the labor and materials costs will be, and include some kind of proof.

    The issue is... pay by WHEN... and that information should be included in your lease ("Tenant agrees to pay/reimburse landlord within ____ days"). If not, then she can give you what is called a "Demand Letter"... which usually has a 10-day performance period... or a "Perform or Quit" Notice, which has 3-, 10-, or 30-day performance periods. Again, this can depend on what your lease says.

    It doesn't matter "how" the fire occurred... unless it's possible you/your gf WEREN'T at fault (i.e., faulty stove, electrical, etc.), in which case you should consult an attorney. If you are certain it WAS your/her fault... then it would behoove you to do all you can to work with your Landlord to resolve the issue. Why? Because you could work up a "bad" reference in the event you have to move. Note, if you have to move out while repairs are being done, you are not only responsible for the temporary digs... but that unit, as well. Yep... you have to pay rent on both!

    Just so you know... she most probably can evict you, regardless: you have an obligation not to damage the premises and it doesn't sound like you carried insurance to cover if/when you did. So it really would be up to her. If you paid her as she demands, a court MIGHT be reluctant to allow an eviction... on the grounds that you performed per your agreement with her.

    An attorney can be expensive and hiring one just to tell you, "Well, you need to pay her," may not be prudent; however, I would never tell you NOT to consult an attorney. You absolutely SHOULD... if you can't find a way to resolve this without doing so. Another alternative, however, might be mediation. Check with your local Bar Association and see if that might be a less expensive way to go.

    But your BEST move would be to TALK with her... and try to work a payment arrangement out.

    I hope this helps... and hope all works out well for you, dear one!

    Peace to you!

    SA, on her own...

  • TheClarinetist
    TheClarinetist

    Looked it up, it's not a standard TAA lease. In fact, if it came to court, it would be much easier to poke holes in the lease we currently have. Of course, I would never attempt to get out of my girlfriend and my obligations in such an underhanded way. I'll be meeting with a lawyer on Monday, and he'll be able to go over the specifics of the leases wording, but I'm attempting to get as much info as possible because I need to respond to the landlady's email ASAP considering repairs are probably going to start Tuesday. I don't want to email myself into a hole unneccessarily.

    EDIT: @ AGuest: Thanks for that info. Fortunately, as a University student I have access to free legal counsel. I assume they won't come to court with me, should it come to that, but they can at least look over the lease and give me some advice.

  • wha happened?
    wha happened?

    poke holes in the lease? What part of burning down a kitchen has to be specifically addressed in a lease. I'm in Cali, not TX. As a landlord I wouldn't even need a lease to go after the tenent. Tenancy is established with the paying of rent and the landlord accepting it. Damage to the unit is your responsibility, or any person claiming tenancy. (Using the address for your corrispondence etc etc. not to mention the lease). He'll probably use his insurance because u likely won't pay. There is a deductable which he can sue u for. Also, damage to the apt is grounds for eviction. You have a large bill coming your way. U may want to consider BK just to make it all go away.

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