Hello Mama's!
Well, this is embarrasing to say but I'm being sued by my former landlord. To make a long story short, we decided to buy our own house and worked out a timeline where we would only have to pay two months rent until our lease was up. I knew that we could afford ONLY two months rent along with the mortgage. Well, our house ended being built WAY before it was scheduled. It was ready for move-in by the end of January, I had intially been told it was going to be ready in April! Well, the builder would not hold it for us until April due to their carrying costs and we moved into the house in March. My lease wasn't up until July and payed the rent until May. I tried telling the landlord that I could no longer afford paying the rent but he wouldn't budge and said I was still responsible for paying rent until either someone else leased it, or the lease agreement expired. I had to stop paying the rent, I hate saying that becuase it makes me sound irresponsible, but I could not afford it. Nonetheless, I recently been informed that he is suing me for much more than just the unpaid rent and already has legal representation. So, I have three questions:
1. Should I get a lawyer to represent me and my husband?
2. If yes, does anyone have any suggestions for a lawyer with prior experience in negotating this kind of suit?
3. Have any of you mamas out there been in this sitaution?
TIA!!
One little update, I do want to settle this by paying the unpaid rent. I just don't want to pay more than I need to.
I would not pay for a lawyer. I think all the judge will do is make you pay the unpaid rent. However, I am not a lawyer. Good luck!
Did your lease include a fee if you were to break it early? If so, he is, unfortunately for you, completely and legally within his rights to ask for that amount plus the amount of rent due up until you lease expired. That may explain the amount being higher than just the amount of rent due.
I hate to say it, but you're in a pickle with this one. As for getting a lawyer, I can't say one way or another, because like someone else said, I don't think a judge is going to excuse your debt because the house was built early. Then think about how much a lawyer would cost on top of what you will already most likely have to pay the former landlord. Can you afford both?
I hope I don't sound harsh, because I'm not meaning to. Good luck. I hope you can get things straight with a little problems as possible.
1. Should I get a lawyer to represent me and my husband?
if you're being sued, yes, get legal representation
2. If yes, does anyone have any suggestions for a lawyer with prior experience in negotating this kind of suit?
any kind of general practicing attorney at law should be able to help you
3. Have any of you mamas out there been in this sitaution?
If these are indeed the facts of the case, you will likely have a judgment placed against you for the amount owed and any court costs. Attorneys fees aren't always awarded. So basically, save your nickels and dimes and get the rent paid off. You signed the contract, you're responsible for it. :( Sorry. A judge won't feel sorry for you because you had a house built early.
First of all, you signed a lease and you have to pay till the end of your lease, unless it was month to month, then you typically only have to give 30-45 days, depending on the lease.
Second, get legal representation.
Third, If you can afford it, send a letter with a check in it for the amount you owe, or at least half.
If ALL... and they cash it, you are basically done.
If you only pay a portion, and send them a letter requesting a payment schedule, they may still take you to court, but it will look better that you at least tried to arrange it.
All they want is their money. I don't think in Texas they are entitled to more. But you can look it up at several tenants rights sites.
Good luck!
P., I don't know what county you live in and there could be some differences between Dallas & Tarrant County. But probably not. An attorney would cost you more than the rent you owe. Normally the landlord can only charge you 3 months rent after you have let him know you have vacated the premises. The law gives the landlord some time to get it rented but usually 3 months is it. There's no reason he should be able to find someone to rent it in 3 months and you have already fulfilled that obligation. If he is claiming damages to the property he better have pictures or bills where he paid to have something fixed. Hopefully, you took pictures when you moved out to show no damages, but the burden of proof is on the landlord, he is the one taking you to Court. You can check with the Tarrant County Tenants Association (Most counties have one) & see what their advice is. I really don't think you are going to have a problem with the judge, it's rare that someone pays as much rent as you have after moving out. I hope everything works out & you have many years of happiness in your New Home. R. M.
P.S. I just re-read your letter & it just registered how long ago this has been. Why is he waiting this long to take you to court ~ that's the first thing the Judge is going to want to know. Once the landlord has retained an attorney usually the attorney will advise the landlord to not have any further communication with you, so I'm having doubts if he actually hired an attorney, because the attorney knows the Landlord has to make an attempt to lease the house out, the Judge may very well want proof, such as ads in the paper. If the place has not been rented out yet, which kind of sounds like the case, If there is only a for rent sign or no sign in the yard, take a dated picture if you can. Even the sign won't be good enough for the judge, he will probably want proof the Landlord has advertised it for rent as soon as you vacated. I would wait until the Justice of the Peace showed up with a subpoena with a Court Date before I would Hire an Attorney for sure. But I really wouldn't worry about it. If the Landlord is still contacting you, keep every letter, log every phone call. Tell him not to contact you anymore let his attorney contact you by letter only. Even send a certified letter asking that you not be contacted and harrassed any further. Something is fishy with the Landlord just now threatening Court.
Good Luck,
R.
Getting a lawyer is going to be way more costly than paying the rent. Can you set up a payment plan for the rent? Its only 2 months worth, right?
