Landlord evicting to "ensure" payment

Landlord evicting to "ensure" payment by Tiffany Rubin (TX) on November 16, 2009 @16:52

I lived in a rental property in Arlington, TX and fulfilled my 12 month lease as of August 31, 2009. At that time, I informed the landlords (verbally) that I would do a month to month while looking for a new place to live. I also discussed w/them the possibility of holding off any rent due for the month until the end, in the event that I found a new place and needed the funds to move. In the same conversation, I asked if they would apply the security deposits to any amount owed for that month and bill me for the rest. The landlords agreed. In October, I found a new place to move and informed my landlords of that in an email, including the date that I would move. A few days later, I get a phone call from my landlords stating that they would file eviction to “ensure” payment. Ironically, the eviction date was set for the day that I was moving, and I was unable to attend. I tried reaching out to them by phone after learning of the date, but they would not answer nor return my phone calls. Needless to say, a default judgment was granted. What can I do to take care of this situation and officially remove this eviction from my record?

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Re: Landlord evicting to "ensure" payment by OK-LL on November 16, 2009 @17:27

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The eviction cannot be removed from your record, but you can pay the amoutn due and have the LL file a "release and satisfaction" in the eviction case, which will tell future LLs that although LL had to file to get paid, you did eventually pay the amount due.

I have to say, I would never have agreed to the deal you wanted -- not paying for current rent so you could afford to move! You should be putting a little aside each month so you have sufficient funds to move when necessary. And asking the LL to use the SD for rent is illegal in many states, besides being a hardship for the LL -- billing you later is great for you, but that means LL has to bear the costs of any damage until you manage to scrape together funds to pay it "later" (remember, you didn't even have sufficient funds to move, much less make good on damage in the property!). Stop using your LL as a bank and begin saving your money for this normal expenses.

Re: Landlord evicting to "ensure" payment by Anonymous on November 17, 2009 @13:55

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You had some really stupid landlords that seemed to have wised up at the end. You wanted them to allow you to move out without adequate notice. Then you did not want to pay them for the current month so they could finance your move and use up your deposit for rent and "bill" you. Where does it end with you? On top of everything, you were "too busy" to report to the court. I do not know who was more stupid, you or the landlord.

Re: Landlord evicting to "ensure" payment by Anonymous on November 17, 2009 @18:23	[ Reply ]
The landlord finally wised up. If the agreement was as you stated, the landlord was a complete rookie. Fess up, did you ever intend to pay him? What do you really think would have happened.