CAN LANDLORD RETROACTIVELY REFUSE LATE RENT & PROCEED WITH EVICTION PROCESS?

Question

I am on the dark side with this question. My current land lord in short wants me out. 1 day after the 3 day grace period I got a notice to vacate. I went to the office with the cashiers check and the land lord signed and dated the customer copy. Outside I warned a potential tenant against renting here and upset my land lord came out and demanded that I take my check back. When I got back to my apartment later that day there was a note inside that read "Attached you will find the cashier's checks you gave to the leasing agent. We will not be accepting your rent payment due to being late. Eviction will be filed as stated in the 3 day notice that was left inside your main entry. Signed Property Manager" My question is can they do this. Did they void there notice to quit by initially accepting the payment? Do I have any recourse other than to move out?

Shawn Thom · Answer

I think you are reading more into Joel statements than intended.

I'll reiterate what some have said including myself.  I'd suggest you consult an attorney and try to avoid getting an evicted on your record.  I suggest getting a 1 month membership to legalshield (prepaid legal) for approx $15, tell them your story and see where they can help.

As for the "illegal" entry, they are required by law to leave your notice inside your apartment(or they can mail).  They can not leave it on the outside. Also check your lease, if they use a standard Texas Realtor lease they can enter your apartment when ever they want to leave (valid) written notices.  There are slightly different versions floating around, but the jist is the same.  See pic.

Marcia Maynard · Answer

Trevor... this is not a good way to go.  Let it go and take a higher road.  Take an honest look at yourself and think about what you did to contribute to the deterioration in the relationship, learn from it and move on.

Steve Babiak · Answer

If you're warning a potential tenant about renting there, then what are you doing renting there yourself?

Jean Bolger · Answer

I think you made a good decision to let it go, Trevor. We all get hot under the collar over things, but being able to brush yourself off and move on is an important skill, in business and in life! Principles are important, but should be saved for the "big stuff"

good luck with your new place

Joel Owens · Answer

I understand you wanting to move and not lock a 1 year lease because of buying  a house for yourself. You must also understand that a landlord is not obligated to agree to your terms. In fact you need to understand that landlords give special per month pricing for 12 month agreements.

If people are month to month then more turnover can happen and costs can increase. This is why at larger apartment complexes if you want to go month to month most of the time it will be more expensive. This is especially true if the time you want to leave is a down season for tenants moving into new rentals.

"Outside I warned a potential tenant against renting here and upset my land lord came out and demanded that I take my check back."

You could be sued for defamation of character and loss of income by defaming a business enterprise without basis.

The rent was late. You went in to pay it late. They didn't have to accept the rent. You then with a new tenant for their business started defaming the landlord. Of course that wouldn't sit well with the landlord. I had 20 tenants. One was badmouthing us without basis because they couldn't pay the rent and fabricating stories as retaliation. I kept records of it all and gave a legal notice to cease and desist and that they would be sued if they kept it up. Never heard a peep from the again and they paid up and left.

Even if you had legitimate beefs with the landlord it's not very smart to throw an emotional jab just when they agreed to help you by accepting late rent. Really take a look at the action of events  that occurred and ask yourself how you could have handled things better.

People respond in the heat of the moment and the mouth moves faster than the brain thinks on what was said. Once you say it then it is very hard to get it back or do damage control. A helpful trick I use is to think about what I am going to say in my mind and say it to myself for a few seconds. Then I revise it or keep it the same after saying it back internally. Then I will respond externally with a response to the other person.

I hope this helps and congratulations on moving forward with trying to buy your house. The landlord likely has deeper pockets than you and you have more to lose probably than they do taking up this battle. I would be as nice as I can and even contemplate apologizing so you leave on good terms. You get more usually with honey instead of vinegar.

No legal advice

Trevor Schumann · Answer

I decided to take the advice provided and not engage in a legal battle with my land lord for sport. What goes around comes back around they say.

Joel Owens · Answer

Hi Trevor,

Just make sure if you end up in court you are citing written laws and that the interpretation is correct.

People can think many things. When it comes time for the plaintiff and defendant to come before the judge in a court of law opinion goes out the window.

I have seen before in court watching where a tenant brings all of these papers and then misinterprets facts and legalese. When they do not get the response they had hoped for from the judge they start not being nice and wanting to force their opinion. When they talk over the judge is a quick way to lose your case. It's also a quick way for the judge to hold someone in contempt and get new hand jewelry they do not want.

We can all say this or that on this forum. The best way to learn is go to your local court for the eviction proceedings and stay a day listening to actual cases in front of the judge. To reduce eviction caseload before the judge starts hearing cases they try to get landlord and tenant to an agreement through a court appointed mediator.

I personally have went before various judges multiple times to evict tenants. Usually I let the tenants talk to the judge and dig their own grave. Then I just give papers to the judge they request.

I am not saying you do or do not have valid concerns with your landlord. Once you become a landlord you will see things in a different light in certain aspects from what you do now. It's kind of like being a worker at a restaurant and complaining about a store manager. Until you are in that role you will not fully understand it.

All the best. No legal advice.

Bill Gulley · Answer

3 days is rater short, if you are in a lease, no, the can't refuse payment. I suggest you document the refusal of acceptance and see an attorney if you're in a lease. I'm involved with a tenant in a similar situation and we are `going for five figures in damages, Most LL's violate laws, nail them hard, in fact, it would be a great strategy just screwing them over when the mess with tenants, much like an ambulance chaser. We will most likely win. :)

Jean Bolger · Answer

And I'll add... probably many of us got our first push to invest for ourselves after being  ticked off by something about the experience of being a renter. I know I did! It became pretty clear which side of the bread the butter was on ;)

Account Closed · Answer

I think you should pack up and move and leave the place clean and move on with your life.

Joe Gore

CAN LANDLORD RETROACTIVELY REFUSE LATE RENT & PROCEED WITH EVICTION PROCESS?

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