Evicted because of my reptiles

natas · #1 (**permalink**) 09-20-2002, 11:58 PM

Ok this is total BS.

Let me give you guys a background first of all. I started renting at this apartment 11 months ago. While looking for apartments I asked the typical question "will my reptiles be allowed". After looking at about 10 different apartments only 2 allowed me to have reptiles. The other aparment was not chosen because of price.

So I made #$%^&#$%^&#$%^&#$%^& sure that I could bring in my animals. I asked about a section on my lease that said check yes if you have a pet or no. The lady that signed my lease told me to check no since a reptile in a cage/aquraiam is the same thing as having a fish. I also brought a witness with me to verify that I am able to carry reptiles.

Well yesterday I got a notice that I have to pay a $100 fine for each animal I had in the apartment and had 24 hours to get rid of them. So I call the office and ask for a manager...she gave me the normal runaround saying that they are not allowed and she has no clue about someone saying that I can have reptiles.

Anyway I figured talking to this lady is getting me no-where fast. I ask for the manager of the whole complex and proceed to talk with her. Now keep in mind that a verbal agreement is binding in Texas. I explain the situation to her and she tells me the same thing. Then I say "Mam you are aware that a verbal agreement is binding in Texas and I have my proof/witness to back me up". After I said that she said well regardless of that you need to get rid of the reptiles in 24 hours and we are now giving you a eviction notice. You must leave within 10 days.

This is really #$%^&#$%^&#$%^&#$%^&#$%^&#$%^&#$%^& me off [img]modules/Forum/images/smiles/icon_evil.gif[/img] . First of all they have known about my reptiles and have had the repair people see them before. This is totall bull$h|t. I have lived here almost a year and have never had a problem. I have no clue what to do at this point and have no idea what they are gunna do if the snakes are not out by tomorrow.
[addsig]

Ritchie · #2 (**permalink**) 09-21-2002, 12:02 AM

Keep them at a friends house and take the mother f#ckers to court
[addsig]

natas · #3 (**permalink**) 09-21-2002, 12:03 AM

I expect to take them to court or some other type of legal action. But my main concern is that I have 10 days to find a place....man this sucks.

Beccah can I move in with you?
[addsig]

morti · #4 (**permalink**) 09-21-2002, 12:04 AM

That really sucks boss. I reccomend legal action.

You could always move to Louisville... There are apartments available in my complex and they don't mind my snakes at all! [img]modules/Forum/images/smiles/icon_smile.gif[/img]

-Your Sick Uncle Morti.
[addsig]

Voodoo · #5 (**permalink**) 09-21-2002, 12:06 AM

In TX, they have to give you 30 days eviction notice. They SAY you have to be out in 10 days, but they have to, like, devliver you papers, give you 30 days, then you can have it go to court. In Round Rock, they were even required to pay the court fee.

So, if getting evited now breaks your lease (=bad credit), putz around for a month.

As for the snake thing, I have a lawyer/judge friend in Houston who would know. I have his Email addy . . . somewhere. H3ll. But if you have a witness, and they try to get you to get rid of them, they can't do anything.

Apartment people pretend to have a LOT more power than they do. I know from experience. *twitch*
[addsig]

eddie · #6 (**permalink**) 09-21-2002, 12:07 AM

To quote Ritchie....
<TABLE BORDER=0 ALIGN=CENTER WIDTH=85%><TR><TD><font class="pn-sub">Quote:</font><HR></TD></TR><TR><TD><FONT class="pn-sub"><BLOCKQUOTE> take the mother f#ckers to court
</BLOCKQUOTE></FONT></TD></TR><TR><TD><HR></TD></TR></TABLE>

That IS a crock of SH*T!!!

What is it this month with people and trouble with landlords?
[addsig]

natas · #7 (**permalink**) 09-21-2002, 12:08 AM

You know I just got a evil thought.

I should post their fax number on the website and have everyone fax something to them talking about the situation. Something to the degree of them braking a verbal contract....

Man I need to calm down...I am still #$%^&#$%^&#$%^&#$%^&#$%^&#$%^& off about this.
[addsig]

Ritchie · #8 (**permalink**) 09-21-2002, 12:16 AM

fax is out of the question for me...no access to one...
except I can recieve them...that is it.

Do they have e-mail?
[addsig]

trinitywolf · #9 (**permalink**) 09-21-2002, 12:19 AM

I'll fax something for you man...and email too if you want. Don't let them bully you, give them #$%^&#$%^&#$%^&#$%^& and then move anyway! [img]modules/Forum/images/smiles/icon_smile.gif[/img]
[addsig]

Barrin · #10 (**permalink**) 09-21-2002, 12:29 AM

I had almost the same thing.
Ive been livin at my apt for a year and befor they said the same thing about reptiles/fish.
bein the same as long as it was caged.
well, last week I went in to renew my lease and told her about how every thing was doin and that I had to Give my jcp to a friend because Im goin to cruise soon... Then we were talkin about when I come back about how things are goin to be and that I was goin to ge my Jcp back. she was all like: Hey, you are not alowd to have snakes hear at all.... Im like what?!!!
what about what I was told last year??? and she said that they where wrong and that someone had an iguana wip a little girl in the face a couple of months ago... (which really sucks) annyway, I said that this is diferent. It is a snake . (bla bla blaa) and she said that her uncle or someone in the country had a ribbon snake end up in the toilet and scared the $hit out a him. Im like plumbing....What?!!!! Im not going to let my snakes go down the drain and for another thing my snake is to big to fit anny way! but she told me that I am lucky that I got rid of the one I had and there was nothing that I could do.

so after cruise I will just go out and buy a house. [img]modules/Forum/images/smiles/icon_cool.gif[/img]
[addsig]

bensnacks · #11 (**permalink**) 09-21-2002, 12:31 AM

Yeah , sh&* news boss-man .Any ideaon why the change of
attitude ??
Give us an e-mail we'll bombarde them>!! [img]modules/Forum/images/smiles/icon_wink.gif[/img]
[addsig]

telefrag · #12 (**permalink**) 09-21-2002, 12:34 AM

If you need temp housing for your herps let me know.

I couldnt put them up for too long, but several days to a few weeks wouldnt be a problem.

Sorry about your situation,
thats why I wont live in apts anymore.
[addsig]

Ophiophagus-hannah · #13 (**permalink**) 09-21-2002, 01:31 AM

#$%^&#$%^&#$%^&#$%^&, just when you're probably starting to settle down. This crap had to happen. This is very cruel. 10 days!?! That's such a short time to look for another place!!! That's not even enough time to pack up! [img]modules/Forum/images/smiles/icon_mad.gif[/img] Mostly all these Apartment management people only think of is $$'s. They don't give a rat's butt on what people feel. My advice to you is try your darnest to be calm and collective. I remember on the news one time in NYC a woman was being evicted from her apartment. The City Marshall knocked on the door to come and evict her. She doused the guy with some flammable liquid and lit the guy up! [img]modules/Forum/images/smiles/icon_eek.gif[/img] Things like this can bring a human to such violence. I hope everything works out and I agree with Ritchie. Take these cold muthas ta court!
[addsig]

faze · #14 (**permalink**) 09-21-2002, 01:50 AM

give us a fax # shane we'll take care of them for ya [img]modules/Forum/images/smiles/icon_wink.gif[/img] HEl* no the herps wont go!!!!!!!!
[addsig]

Ed_r · #15 (**permalink**) 09-21-2002, 03:01 AM

Well thats the reason they wanted you to check "no" for pets. So they have a reason to revoke the lease later. I'm sure they have someone in line to pay more for the apt. Unfortunately it looks like there is little you can do to avoid the eviction. But as Voodoo stated they have to give you 30 days at least.
You know the landlord will never agree that they told you to check no but reptiles arent considered pets.
That really sucks. Unfortunately in the eyes of the law you have lied on your lease. Plus now that there is a problem it wouldnt be good to fight to stay now. The landlord would probably come in while your not home and harm your animals.
[addsig]

wsacbass · #16 (**permalink**) 09-21-2002, 04:08 AM

I'm in California but if there's anything I can do let me know.

LdyDrgn · #17 (**permalink**) 09-21-2002, 07:35 AM

Dang, Shane! I know I'm too far to help you out...but, I wish you all the luck. Go get'em!!
[addsig]

holywater · #18 (**permalink**) 09-21-2002, 08:40 AM

Totally not good at all IM in TX I had problems getting a place but with luck I got commercial property [img]modules/Forum/images/smiles/icon_wink.gif[/img] For all my 300 reptiles if threes anything I can do to help let me know
[addsig]

RevMojo · #19 (**permalink**) 09-21-2002, 09:19 AM

That sucks in soooo many ways. I dont know TX law, but typically an eviction is 30 days. Clearly, you need to find somewhere else, but this 10 days thing is BS
[addsig]

#20 (**permalink**) 09-21-2002, 09:55 AM

Shane, That SUX! I recently had the same thing with my landlord also. BUT In this case he was being retaliatory for me having TOLD HIM to make certain repairs around here. In responce he told all the tenants that there is no longer a pet allowed policy in the building. Soo I went and rented out commercial space to house my collection at hehe. UGH..It's costing us but I am not about to lose my herps at all cuz of some moron.

Anyways..In your case here's what I can find in relation to "eviction" in the state of Texas...

Under chapter 91 ..
§ 91.001. Notice for Terminating Certain Tenancies

(a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.

(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:

[ In the least it is 30 days time henceforth fyi ]

Of course one always has to have a back-up clause for protection.In this case your landlord does..UGH..
Which states that the above need not take place if...

(2) there is a breach of contract recognized by law.

Now, if your lease states no pets [ I know an arguable thing on your part BUT..] the snakes may be considered a breach of your lease contract in a court.

Your laws suck and are not well into depth in this area either from what I can find at all.

Bottom line, find somewhere to house your herps for now. If you do not remove the herps from the apartment then they can request you to move immediately without the 30 day notification for violation of your contract from what I can see. In fact from what I can find they even have a 3 day thing they can instill on your moving even UGH. If you do then you will bring yourself into compliance with their lease. At that point then they would have to go with the 30 day notice. BTW.. that notice usually has to be served as written to fall under prior notice of 30 days time to the date they state for relinquishing occupancy when you have a monthly rental period..ie...

To state that you must be out by November 1, 2002
You MUST receive the notice prior to October 1, 2002

Then if you do not move as they have requested, then they have to file an eviction in a court of law to seek judgement to have you move from the premises at that point. Usually this is heard in a court in 2 weeks time from filing in most cases.

Whatever you do ..I would start looking for another apartment .. It's a PITA and could cost you some monies for an atty. By doing the above though you will buy yourself some time is all basically. SUX! BUT you have been railroaded it seems in the area of your abode. How solid is the witness you have that can verify that they said your herps are not considered pets and therefore you check no etc ?

[addsig]

Advertisement