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darrellccs · May 22, 2012, 05:41 PM

I have lived in the same apartment for nearly 4yrs, I was never late on my rent, never had trouble with management or the tenants. The complex just took on new management and required all residents to fill out a new application, a background check was performed and management is refusing to renew my lease based on the result. I am 34yrs old now and was 16yrs old when I was convicted of a felony. Also, previous management had already charged me $3oo admin or security deposit (which was non refundable). I received a notice to vacate and I am unwilling to move, is there any legal grounds that I have to protect me against eviction. Can they force me out although I have never defaulted my lease agreement? My lease expired in March, but they have continued to take money from me for rent.

cdad · May 22, 2012, 06:26 PM

Much of what your asking is going to depend on local law. Can you give us an idea of city / state ?

ScottGem · May 22, 2012, 06:30 PM

Unless you are in NJ, I suspect you will have to move. Since your lease has expired, you are a month to month tenant. And your tenancy can be terminated with legal notice.

darrellccs · May 22, 2012, 06:46 PM

Originally Posted by califdadof3

Much of what your asking is going to depend on local law. Can you give us an idea of city / state ?

Houston TX

Fr_Chuck · May 22, 2012, 07:01 PM

You will have to move, they have a right not to renew the lease. Just like renewal allows you to get out of it, it also allows them ( in most places ) to get out of it.

ScottGem · May 22, 2012, 07:18 PM

B. What are the legal grounds for eviction?
Tenants may be evicted for non-payment of rent, lease violations, if the lease has expired, or if no lease exists.
The People's Lawyer

Reading from this, the landlord can terminate your lease when its expired. On the other hand, the same site says that a landlord can't refuse to rent for discrimination. And it may be considered discrimination in your case.

I think it's a long shot, but consult a local attorney to see if you can fight this. Personally, I would spend my money on fin ding a new place to live.

cdad · May 23, 2012, 04:23 AM

You need to see a lawyer over this and find out what is really going on. You may have had your rights violated as a tenant. They have rules to follow which may include advance notice of up to 30 days.
If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease.

Texas Termination of Lease Notice to Vacate Law - Lease - Landlord Tenant

You may be covered under those rules.

Ref:

http://www.texastenant.org/termination.html

ScottGem · May 23, 2012, 04:30 AM

Originally Posted by califdadof3

They have rules to follow which may include advance notice of up to 30 days.

The OP referred to new management, not new ownership. Also they indicated they got a vacate notice, but not how long it was. And it was specified the lease expired in March.

The only hope I see for the OP is if it is discriminatory to refuse tenancy for a juvenile offense. But I couldn't find anything that requires a landlord to renew an expired lease as long as they give proper notice. TX is very landlord friendly.

cdad · May 23, 2012, 04:40 AM

Originally Posted by ScottGem

The OP referred to new management, not new ownership. Also they indicated they got a vacate notice, but not how long it was. And it was specified the lease expired in March.

The only hope I see for the OP is if it is discriminatory to refuse tenancy for a juvenile offense. But I couldn't find anything that requires a landlord to renew an expired lease as long as they give proper notice. TX is very landlord friendly.

Here is the problem. We don't know what the lease says. Many have an automatic renewal feature. If this one does and this action started after then it is an illegal action. Then "new management" may be considered as new owners since the OP was asked to reapply. Also the place could have went through foreclosure process and the tennants would never know.

It needs to be investigated at this time to examine all options. A valued tenant (4 years) should (IMHO) be given an extended notice or short term month to month to facilitate finding a new place to live and not just given a surprise of 3 days notice.

ScottGem · May 23, 2012, 04:52 AM

Agreed, but this is all speculation. All we know for a fact is that the lease expired and the new management has given him notice to vacate.