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    Cherlem's Avatar
    Cherlem Posts: 10, Reputation: 2
    New Member
     
    #1

    Apr 28, 2007, 06:32 PM
    Never signed lease. Behind on rent.
    Never signed lease on current apartment. Current apartment #10 wasn't available when I moved. Landlord gave me smaller apartment #5 (I did sign lease on #5) & I then moved into #10 a month later. (He just handed over keys to #10).

    Due to a whole different mess, my checks to landlord didn't go through. I now owe him about $2000. (Two months rent & deposit).

    He said he wanted me out by Friday. (How can he evict me without a signed lease?) I asked him to give me until Monday to figure this out.

    What can I do or do I do now? I'm currently researching charities, programs for rental assistance. (Any help in that department would also be appreciated).

    Meanwhile, what can I do if I don't come up with the money & he tries to evict me?

    I live in Texas.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Apr 28, 2007, 08:35 PM
    It is easier to kick you out without a sign lease, since you are only on a month to month rental. But with a lease or without a lease, you can't stay if both your rent check and your deposit checks bounsed, also if these are bad checks you really need to worry about him pressing criminal charges also, and 2000 dollars worth would be a felony.

    So yep, if you don't pay, and don't get out, he will file in court and physcialy evice you, plus to be honest if you just don't move and cause him a issue, most likely he will call the police on the bad checks,
    Cherlem's Avatar
    Cherlem Posts: 10, Reputation: 2
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    #3

    Apr 28, 2007, 08:48 PM
    Well, they weren't bad checks. I wrote them on a good account.

    My Mother since disowned me, cleared out the account & CLOSED them. So, they were checks written on a closed account.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #4

    Apr 28, 2007, 09:13 PM
    Sorry but at least where I used to be a police officer writing on a closed account is a lot worst than writing them on a account and just not having the funds, So yes they can press criminal charges if they decide to.

    So you need to work out a payment for them, or get out. But it will take a bit to go tocourt for the sheriff or baliffs to come out and carry your property to the curb, but if you don't pay, that is where it will go to start with
    Cherlem's Avatar
    Cherlem Posts: 10, Reputation: 2
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    #5

    Apr 30, 2007, 09:54 PM
    No lease. What are my rights?
    I guess I'm considered on a month to month lease.

    I'm behind on rent. Does landlord still follow regular eviction process? (Notice on door, three days to vacate, etc?) He says if I didn't pay today he wanted me out by midnight tomorrow. Can he do that?

    I'm living in Texas. But, this is a privately owned complex. It's not TAA.

    Any help would be appreciated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #6

    May 1, 2007, 12:14 PM
    He will always have to go though the court to physcially remove you,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    May 1, 2007, 01:00 PM
    A landlord can ask or demand that you move if you have violated the terms of the lease, even an implied one. He doesn't have to give you much notice if there is cause. That doesn't mean he can physically evict you, however. If you refuse to leave when he demands that you do, then he has to go through the legal process of eviction.

    But Chuck is right about the check bouncing problems. You may have some big trouble there.

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