OT: Lawyer Question
by chase1971 on Nov 8, 2007 10:11 PM CST
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PrintA friend of mine was behind on her rent and the apartment complex decided to seize some of her property. They took her computer and her playstation 2 out of her apartment while she was gone and gave her a deadline to pay the rent or they would sell those items.
She said they had some sort of legal court case saying that they could do that, but it just seems fishy to me. Can an apartment complex just come in and take anything they want like that?
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I own my on business
lol
by inactive lsb user on Nov 8, 2007 10:05 PM CST reply actions
Yeah
Why on earth would they even give her a deadline to pay rent. Mine would just evict you at the first sign of trouble and charge you for breaking your lease. They'd want nothing to do with you.
BTW
The thing to point out is, they'd just want you gone, not be giving you deadlines, let alone seizing stuff.
It kinda sounds like she's lying, also.
I can't think
Maybe
Or maybe she should pay her
Answer: Possibly Yes
What happens if I don't pay the rent?
[snip]
* If your lease includes the appropriate provision, the owner can enter your apartment and remove items like TVs, stereos, sports equipment, etc. and keep it until you pay your rent. This provision must be underlined or in bold print in your lease. The owner cannot remove items that are listed as "exempt" in Section 54.041 of the Texas Property Code. Seized items may be sold if the owner gives you the proper notice under the statute.
http://www.taa.org/renterinfo/faqs/?catID=4#question20
For the law, start at 54.041 here:
http://www.legaltips.org/texas/PR/pr.005.00.000054.00.aspx
and keep reading.
yeah
So it is true
I would be fighting mad if that was done to me!
Dont you pay rent for the upcoming month everytime anyway? I mean, at no time are you staying on the renters dime, really. Unless I guess, you just didn't pay it but again, it seems they'd be all over you within a few days for that.
Shark?
by Dustin on Nov 9, 2007 6:24 PM CST up reply actions
Depends on what the contract says...
The standard TAA lease usually grants the lessor permission to enter and seize property under these circumstances.
If the lease includes this clause, as most do, the lessor can enter thhe apartment and remove items like TVs, stereos, sports equipment, etc. and keep it until rent is paid.
Note that this provision must be underlined or in bold print in your lease and the lessor cannot remove items that are listed as "exempt" in Section 54.041 of the Texas Property Code.
Seized items may be sold if the owner gives you the proper notice under the statute.
Moreover, Texas Civil Statute, Section 92.0081 states that the lessor has the right to change the door locks on an apartment unit, if the rent is delinquent. However, they have to first notify the lessee at least three days before the locks are to be changed. After the lock-out the lessor must leave notice where the key can be obtained 24 hours a day. They cannot deny the lessee access to his or her apartment.
Standard TAA Lease
There is such a thing as the Texas Tenants' Association, and they're helpful in matters such as this.
by Dustin on Nov 9, 2007 6:26 PM CST up reply actions
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