Crooked Lanlord/Investor.......Is There Anything That Can Be Done About Him?
ok, I met a couple who had been evicted from a home they had lived in for over 3 yrs.....at the beginning they were purchasing this home on a contract for deed, in as-is condition......they paid $2,000 down and had notes of about $950/mo. The owner made it specifically clear that he would not make ANY repairs (somehow he had it worded in the contract that the extra $50 they were payine would go towards all the repairs needed on the home).......each time the couple was a day or two late with their payments, the were sent a letter by this guys (supposed) attorney......and because the letter was sent, an additional $500 was added to their rent for that month.....when they eventually paid the house note due, they were always given a receipt for only the amount of rent (not for the additional $500 that they were being forced to pay)....this in itself sounded shady to me.......the couple says that the house was trashed when they moved in, the past evicted tenants had left mounds of trash and old furniture behind which this couple cleared and hauled away....they put in new carpet, painted the house, new water heater, had the air conditioning unit repaired twice because during the summer months it would not work........new garage door opener, new doors and windows replaced, new tile on bathroom and kitchen floors, alarm system installed, and on top of that, they had a $3000 structure/playhouse/guest house built in the backyard for their child........this family was recently evicted from their home by this landlord for being behind a couple of months with their rent, but with all the repairs, they couldn't keep up at the time.......he has said to them that they cannot take the structure that is movable and in the backyard.....the couple has agreed to pay to have it moved and to have the "old" fence replaced once they move some of it down to move their structure......the landlord has since re-leased/resold the property and has sold it in as-is condition again (which was good as new)..........and has raised the rent of course because of the condition of the home now......what can these people do about this guy?.......he is making a fortune off of poor people with bad credit who can't afford to own a home any other way..........he always tells the "buyers" that it is their home, treat it as such, make repairs etc......yet it seems he's quick to evict these homeowners when they fall behind and they have fixed up his run-down properties..........this couple is in Texas.....anyone familiar with Texas Real Estate Law, your comments would be greatly appreciated as soon as possible......the couple would like to know if they have any legal recourse to use against this crook of a Landlord/Investor.......thanks in advance guys/gals
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thanks, but not quite the response that i was looking for Clint....lol....looking for some of these legal beagles' advice......
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Whoa!
Get a local TV station involved. Most cities have some type of investigative reporters that may help you out.
Just .02 cents.
clint
wowwy!
i think that is a way to go (with the TV station)
Not only will it make the investor look bad and such, but i'm sure attorneys that see and hear about it would be glad to help out the couple and of course get a chink of change for the settlement.
of course your best bet IS to present this to a qualified attorney. i'm pretty sure there something that he can do.
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Did they walk out or get evicted thru the courts? If they walked .... oh well they lost out... if they went to court ... they would most likely have seen relief...
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On 2003-10-11 02:27, DaveREI wrote:
Did they walk out or get evicted thru the courts? If they walked .... oh well they lost out... if they went to court ... they would most likely have seen relief...
I wouldn't be so quick to say that if they walked they have no case.
This is a situation where media exposure could be helpful (think print as well as broadcast), but an attorney would be good too. See if there is a poverty law center in the area or a legal clinic run by a nearby law school, particularly if the couple can claim any protected status such as low income, minority or disabled.
wait a second people. they didnt pay the rent!!!! out they go....the landlord doesnt run a charity service....it is the tenants fault for not budgeting right to make their payments on time. as far as the unexpected repairs to the property, they knew what they getting into before they signed the contract for deed. In order to get an eviction you have to go to court. the judge must have sided with the owner or he wouldnt have issued a possesion order. no sympathy here, no pay out you go...no excuses....
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On 2003-10-11 07:42, lp1 wrote:
wait a second people. they didnt pay the rent!!!! out they go....the landlord doesnt run a charity service....it is the tenants fault for not budgeting right to make their payments on time. as far as the unexpected repairs to the property, they knew what they getting into before they signed the contract for deed. In order to get an eviction you have to go to court. the judge must have sided with the owner or he wouldnt have issued a possesion order. no sympathy here, no pay out you go...no excuses....
I wouldn't cry too much for this landlord if he gets his comeuppance in court. Remember, if people like these tenants can't get justice in court, there will be legislation ... and then ALL the landlords get hit. Let the bad apples get policed ... or we'll ALL get treated like bad apples.
Socking someone for $500 every time they're a little late. Keeping personal property ... I smell a rat here.
the renters claimed that they were "socked" $500/ month for being late.. i dont believe that for a second. it sounds to me like they are trying to make up things. They could have shown the judge receipts that they were paying $500 for late fees..what happened? let me guess they payed all cash.
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On 2003-10-11 08:29, lp1 wrote:
the renters claimed that they were "socked" $500/ month for being late.. i dont believe that for a second. it sounds to me like they are trying to make up things. They could have shown the judge receipts that they were paying $500 for late fees..what happened? let me guess they payed all cash.
They apparently have yet to take any action, much less testify in court.
I don't want them to get any kind of break unless they have a case. But if they have a case, they should press it.
you said they were evicted....they saw a judge they could've pleaded their case then.....if they simply moved out then thats not an eviction...
ok LP1, let me "straighten" you out on a few things here......first, yes they were evicted, secondly, yes THEY PAID ALL CASH......because he didn't accept anything but.....and I personally tagged along once with the wife when she made her late rental payment (with the $500 extra payment which she was not receipted for)..........he wouldn't even accept the rent UNLESS the $500 was paid along with it, he said it was against the law for him to do that......and the fact that they were behind on the rental payment was for a couple of reasons, 1) the husband had lost his job and 2) having an air conditioning unit go out on you in the middle of a Texas summer (when you have small kids) was not easy.....and this happened to them twice......they shelved out big bucks to get this system repaired (because they couldn't afford to replace).......then the water heater, the leaky roof, the leaky toilet and tub that caused them to have $300 plus water bills for 7 months straight......and not only were they evicted, but the crooked wife of the crooked landlord came by and talked with the husband and asked him if he really wanted to keep the house to which he answered "Of course!!" and she went on to tell him to just go and get a rental truck to put it in the yard to let the constables think that you are moving and after 5 pm return the truck and just try and get us the money......so he did that.......the next day, no money, she said well "they (the constables) are coming out and we can't stop them".....and before these people had all of their things moved, the constable came and now the owe the storage place over $13,000 (and if that isn't paid by next week they will lose ALL of their possessions)............when speaking with the constables office, the husband was told that the reason they hadn't come out when they were first supposed to, was because they knew this landlord and they evicted people left and right....and because of this crooked landlord alone, they were backed up with evictions......they also said that they knew the landlord had filed on this hubby and wife a few times before but they always managed to come up with the payments before the eviction......so the constables office didn't really press getting out there until they really had no choice......so there LP1......you have it!!!!.....and i am also a Landlord, and this guy makes us all look like DIRT BAGS!!!!
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Three little letters will bring the devil his due. Non-reported cash...which I am sure that $500 was SOUNDS like tax evasion. IRS? A friendly letter outlining the situation may help. Have the tenants present a RE lawyer that does pro-bono work in the vicinity with the facts and see what he/she says. Does this landlord want the media coverage as well as the rectal microscope treatment from the IRS? Might even be worth asking him those questions....
Sounds like a bad deal for both land lord and tenant. If they both would review the contract the problem would be solved.
If we choose to enter into a contract with out some kind of legal advice (looking out for us) then we get what we desirve.
I would bet the next time the tenant/buyer gets involved in a transaction he/she will pay a few bucks up front for some sound legal advice.
Quote: wait a second people. they didnt pay the rent!!!! out they go....the landlord doesnt run a charity service....it is the tenants fault for not budgeting right to make their payments on time.
If you don't pay your bills, you get evicted.
Quote: (with the $500 extra payment which she was not receipted for)
Why would you give someone $500 without getting a receipt, when you are getting a receipt for other payments?
Quote: and the fact that they were behind on the rental payment was for a couple of reasons
Why could they afford a $3000 addition, buy can't afford the monthly payments?
Quote: now the owe the storage place over $13,000
$13,000!!! how long was it in storoage?
Quote: (and if that isn't paid by next week they will lose ALL of their possessions)
Surely they have known about this more than 1 week.
No offense intended towards you, but it sounds you you don't have the full story...If what you say is true, they should have had a lawyer already.
Dear Friends,
Sounds like a great lawsuit. I can just hear the testimony now. You need a nice young attorney in a good law firm who needs to do a little ProBono work so he can gain Browny Points towards his future partnership.
You begin with the media blitz. Of course you realize that you will have to testify, should be fun. Dress everybody up poor and act country. If 50% of what you have stated is true they will win and with enough money in damages, why perhaps they could buy a house. Also I think they should buy one of the many books available on this Web Site. God knows they need it. Of course the experience is invaluablel,(if you like to suffer) they will never make these mistakes again.
Enjoy the law suit, by the way in the awarded damages they might bargain for another of the landlords property. Now I know what General Santa Anna went thru, it was a basic eviction. Damn that Bowey just lying there with that big knife.
Cheers Lucius
i am sorry but something doesnt sound right...you just said that they were almost evicted on numerous occasions but they came up with the payment and they stopped the eviction. first of all when someone does an eviction you have to go to court to get a judge to grant you possesion of the premises. if they dont move by the date that the judge sets than you can take that order and give it to the sheriff to physically remove the tenants. Now if the landlord had accepted payment after the possesion order and he let them stay, it sounds to me like that on numerous occasions he was being a nice guy and gave them a second chance ...when they finally could not get the money together the sheriff finished job...now shame on the landlord on accepting payment after the order because he would have to do the eviction all over again. i think these people are pulling the wool over your eyes, it is people like that, that make decent landlords become scumbags.[ Edited by lp1 on Date 10/12/2003 ]
they had the structure put in early on, like i said, the husband had been off of work for a while, but had been told by "la crooked landlord" that he would work with him because of all the work that they had done on the house....this was not the case......he lied all the way around.........and i know these people, and i would stake my life on the fact that every word is true
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LP1, i have not had the wool pulled over my eyes hon.....the reason that he allowed to accept payment after the fact was because he knew that he had honest tenants in his property who were going through some bad times......and that he WOULD get his money.....he even came over one day with a FRIEND of his and asked the husband if he could SHOW the friend around the house, so that the friend could see how much work had been done to the house.....that was a sign then (to me) that he was about to try to take back possession of the property, to raise the rent (when he had put it under contract before in as-is condition and gave it to them trashed)........so again, no wool over my eyes, they're honest people, and got caught up with a very dishonest, low-life......who by the way, now has other tenants living in the house, enjoying all the hard work, sweat and tears that they put in to it!
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its starting to sound like that maybe you are the tenant that got evicted.....good luck to you!!!
LP1, and it sounds to me as if you may have been the low-life who evicted them......and if so, hopefully you'll get your come-uppance......and just a little note, if I were the tenant, the low-life would have more to worry about than just the media and the IRS.........i'd be his worst nightmare!.......now again, you have been dismissed!!!!
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