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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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My husband and I moved to Texas from England in April 08 (having had some seriously inadequate advice from an immigration lawyer!!). We signed a 12 month lease agreement on the hope of a work visa being issued. The landlord was fully aware of our immigration status when we signed the lease and we paid 5 months rent up front along with a security deposit. Unfortunatley we were not issued with a visa and are unable to return to the US. The landlord says we have "abandoned" the lease and is now witholding personal items such as clothing, computer and children's toys saying they are going to sell the items to recoup costs. Is the landlord allowed to do this? Is the lease agreement legally enforceable seeing as we were not legal citizens at the time of signing? The actual amount of money we paid up front (including security deposit) will cover their mortgage payments until end of Sept 08 so they are not financially out of pocket yet.
We put all our life savings into starting this new life so have no money to give the landlord to cover future months rent. Any help on this would be greatly appreciated. |
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#2 |
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The lease is enforceable but he cannot do much more than sue you for rent until he re-leases.
He can place a lien on some of your items in certain cases. How much property did you leave there? |
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#3 |
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All our clothes, children's toys, computer and a few items of indoor and outdoor furniture. The amount they would get from the sale of these items would be minimal. I have said to the landlord that they can keep all the furniture to sell, i only want our clothing, toys and computer back. My concern with them selling the computer is that it contains personal information and family photographs.
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#4 |
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TX law states that the LL has an obligation to attempt to re-rent the unit and minimize his loss. He should be following TX state law on abandoned property in storing your belongings while he attempts to re-rent. Then the items should be disposed of according to the law in that area. Do an internet search for "abandonment" or "abandoned property" for the state and local area to find what the law says there. Since each state differs on law, you need to know what that law requires. His actions would be illegal in my state.
Send him a cettified letter with return receipt requested that you will arrive at the unit on xx/xx date at xx:xx time to collect your belongings. Then go to the unit and try to get them. If he will not allow it, call the local police. Take a camera to document anything damaged and note anything missing. The police should allow you or your representative to retrieve your belongings. If you can not go yourself, send someone with written authorization to pick up specific items of yours (notarize this letter of authorization). Instruct them to call the police if he will not allow them access or give them your things. You or your representative should have a copy of the letter you sent to inform him of the date and time the items would be picked up. |
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#5 |
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Thanks for the above information. I searched the internet for Texas state law regarding LL lien and the items they are witholding are actually exempt from the lien so should be returned to us.
Hopefully this information which i have forwarded to the LL will lead to a resolution to the situation. Thanks again |
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