What do I do if the leasing agent failed to provide a30 day written notice and is telling me that theowners are moving back in a week?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I do if the leasing agent failed to provide a30 day written notice and is telling me that theowners are moving back in a week?
On 03/30 I went to pay my rent and renew my lease. The leasing agent refused my rent payment and told me that the owners are moving back in on 04/01. He told me that he had sent a certified letter in January which I did not receive and never signed for. No written notice was placed inside the dwelling. He is now telling me that I have a week to move out. I am not sure how to handle this situation.
Asked on March 31, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you believe you did not receive notice, you can fight the eviction on that basis. The agent will provide whatever evidence or testimony he has of service, while you will testify that you did not receive it.
The context for this fight would be in court: if you do not move out voluntarily when they asked you to, they must evict you through legal processes--they can't simply change the locks or otherwis keep/throw you out. That means you'll get a hearing about notice, and the necessity for them to go to court will itself buy some additional time.
At the end of the day, they will be able to get you out, even if they have to start over with a 30-day notice, etc. It may be best if you can negotiate either a mutually agreeable move out date, or some compensation for moving out (e.g. would they pay for your moving expenses and any apt. broker fee?).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.