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architectk
Jan 12, 2008, 05:55 PM
In August of 2007, a realtor for Keller Williams, rented me the home I live in now. He did state that the owner was looking to sell the property but will rent it until he had a buyer. I requested several times, in writing, the information on the lien holder or owner of the property, which I never received. My lease also had errors, the written amount said seven hundred dollars but the numeric amount was $750.00 and when I addressed the issue to him, he changed it on his original lease agreement but refused to sign and initial the changes on mine. I found out that the realtor was also the owner of the property, which he failed to disclose me. In September I received an eviction notice from a constable. Are you kidding me? My rent was paid on the second and I had a copy of the check he cashed from my bank. How can a landlord file an eviction on someone that paid rent? In court, the judge found that my landlord had improperly instituted an eviction suit, and ruled in my favor. None of my repair requests were done after that. There were no locks on any of the windows, exposed wiring, and no smoke detectors. The toilets do not flush properly and the shower backs up. Not to mention we only get hot water for about 2 minutes before turning cold. Showers are fun! The lease specifically states that he will take care of the yards (mowing, etc.. ) Never once did he do so and even filed another eviction notice because the yards were not maintained. Also, there is a large storage building in my backyard which he denied me access to. I realized he was running the electricity for that building off my home. I was paying for his electricity and when I approached him, he stated that was just part of renting the house. It gets better. My landlord starting entering my home while I was at school. My neighbor witnessed him in my house for eight days in a row. Never once was I notified. I came home one afternoon and animal control had my dogs because he purposly let them out of my yard, witnessed by my neighbor and three children getting off the school bus. To top it all off, I came home to an eviction notice by the bank that foreclosure on my home today. I contacted the bank and come to find out, the home was in foreclosure in May of 2007, which means he knew he was renting me a home that was in foreclosure 4 months before renting it to me, not only as a landlord but as a realtor. I'm a full time student, graduating in May of 2009 with a Bachlors in Architecture. I work 15 hours a week, which just gets us by. What am supposed to do? I do not, by any means, have the money to move anywhere. So my son and I are homeless now?

1. Can a realtor do this? I know landlord's shouldn't, but does it make a difference that he's the realtor too?

2. Texas law says I must be provided a notice to vacate before an eviction suit. Is that right?

3. The Constable that delivered the eviction notice spoke with my next door neighbor, inquiring about where I was and he did not put the notice on my door, he had my neighbors 13yr old son run up and tape it on my door. Is that legal?

4. Can he use electricity that I'm paying for?

5. I simply don't have the money to move... now what?

6. Can they file an eviction suits without a notice to vacate first?

Fr_Chuck
Jan 12, 2008, 06:21 PM
The land lord or their agent has no liability to tell you about any liens, So of course you did not get it, I am surprised they did not laugh at you for asking. The initial changes on the document would be legal.

And he does not have an obligation to tell you he is also the owner, by acting as the agent ( and not owner) he can play an innocent party in denying or dealing with the rent.

If he had been selling the home, he is required to tell you he is an owner agent, but when renting the property, he is not required to tell you.
You rented ( I will assume) form a rental management company ( owned by the agent? )

And he is still the owner of the house until it is foreclosed, and if you are living there, he can legally still ask for the rent and if you do not pay the rent ( even if it is being foreclsoed on, he can evict you)

You will have to move, once the home is foreclosed, the bank or someone will own it, and they can give you from 3 to 30 days to move.

1. The realtor is scum, but did not break any law.

2 at foreclsoure they will give you a short notice normally about 3 days, if you don't move they will have you in court in about a week, and then perhaps a 3 day to 30 day from judge. So after foreclosure, you have form week to a month before they would throw you out.

3. Yes, it just had to be put on the door, he asked to be sure you still lived there.

4. I would turn the breaker off to the shed at the breaker box if it was me. Unless it was in the lease

5. at the official eviction, they sit your belongings to the curb so you need to find a friend to move in with and move your things to storage or something.

6. at foreclosure you are no longer a renter or tenant to the new owner and they can merely file suit, most give you a three day notice first, but it appears they did not.