Eviction Notice

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scud runner
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Re: Eviction Notice

#16

Post by scud runner »

srothstein wrote:I agree that you should talk with the landlord, but most of the posters have missed one obvious point about his entry into your apartment. Almost every lease has a clause for him to enter for maintenance purposes, and the damage to the floor clearly meets that clause. I would say a court would also see that your roommate's reporting the damage to him would constitute notice that he was going to enter.

This is a civil matter that I do not have extensive experience with, but my understanding is that he can not give you notice to vacate without some violation of the lease. I doubt that accidental damage is a violation, though the tenant may be liable to pay for the damages. Short of what a court would consider a violation, all they can do is refuse to renew the lease and ask you to leave. If they ask you to leave now, I would say they cannot hold you responsible for any future rent, etc.

To me, the question is if you are considered separate tenants or not. I have a daughter that is renting an apartment at college where the college signs individual leases with each roommate. If one is evicted, the others are not even liable for that share of the rent. My other daughter is sharing an apartment where the leases is for all occupants at one time. Each occupant is jointly responsible for the rent and all expenses. If one of them did something to cause an eviction, all of them could be evicted. So, I see your situation as being very dependent on which of these types of leases you have.

Overall, try to talk with the landlord and see what you can work out. If that fails, talk with a good attorney, at least for the advice, if not to represent you in court.
Many universities have legal services available at no additional cost beyone the student fees you already pay. Even if you don't want to go into details about the shooting with them, they can probably give you some advice on your rights as a tenant. Landlord disputes are very common at many schools, so student legal services get a lot of experience in this area. They may be able to give you some ideas on how to approach the landlord to reduce your expenses and risk to your reputation. If you're worried about being able to rent again, remember that lawsuits can show up in a records check. I know I would think twice before renting to somebody who sued their previous landlord.

Good luck finding a new apartment and a better roommate.
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LAYGO
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Re: Eviction Notice

#17

Post by LAYGO »

My best friend is an apartment complex manager & he had to deal with this just a few weeks ago. A resident discharged a .22 thru a couch, through aluminum frame, and into his significant other's leg after it skipped off the concrete.

He evicted them as well & his justification was a breach of contract (lease). I'm not sure what gave you the impression because you had a guns that you were being evicted, it was done even if they did find your guns.

They're taking it serious too as the DC Navy Yard Shooter was evicted for discharging a weapon too.
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RoyGBiv
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Re: Eviction Notice

#18

Post by RoyGBiv »

A&M has help available for you...

http://studentlife.tamu.edu/sls" onclick="window.open(this.href);return false;

http://studentlife.tamu.edu/sls.landlordtenant" onclick="window.open(this.href);return false;

"Please contact our offices at 979.862.4502, email us at studentlegalservices@studentlife.tamu.edu, or come by C-118 Cain Hall."

Smart of you to consider the long term implications. As a single-unit landlord I can tell you firsthand that getting evictions posted onto a bad tenants record is not a simple task that can be done casually. Generally you need a court finding against the tenant. However, that doesn't help you to answer the "have you ever been evicted" question on your next lease application.

Talk with legal aid.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek

cb1000rider
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Re: Eviction Notice

#19

Post by cb1000rider »

mth91 wrote:I simply do not want an eviction to affect my ability to get into another apartment or (from what I've read online, with a grain of salt) hurt my credit.
It won't hurt your credit unless you don't pay your rent/damages. That being said - both of you - are usually on the hook for all of it. Meaning you owe 100% if your roommate doesn't pay and vice versa.
You may have to rent somewhere a bit more random - like rent a room in a house. There is some availability of short term (semester) housing in College Station. I used it for years while working a semester then going to school a semester.
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fickman
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Re: Eviction Notice

#20

Post by fickman »

x2 on seeking assistance through the school's legal services provided to students. I had a friend in college that used the student attorney at North Texas when he was being unfairly treated by an employer.
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RoyGBiv
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Re: Eviction Notice

#21

Post by RoyGBiv »

cb1000rider wrote:You may have to rent somewhere a bit more random - like rent a room in a house. There is some availability of short term (semester) housing in College Station. I used it for years while working a semester then going to school a semester.
http://studentlife.tamu.edu/agoss.offcampus" onclick="window.open(this.href);return false;
Searching for housing?
The Bryan/College Station area offers a wide variety of housing options. There are several resources available to aid you in your search for off campus housing and/or finding a roommate. For a more extensive list of resources available to aid you in your off campus housing search, visit our off campus housing search resource section.

Looking for a roommate? Need to sublease your apartment?
Are you looking for a roommate? Do you want to find someone who already has a place to live that you can move in with? Look no further than AggieSearch. You can create an account, post a roommate profile, and search the current database of roommate listings all from the comfort of your home.
https://aggiesearch.tamu.edu/" onclick="window.open(this.href);return false;
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek

rocinante
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Re: Eviction Notice

#22

Post by rocinante »

Several people have mentioned the student legal services. It's been way longer than I like to admit since I went to school in those parts, but back then the student legal services was _really_ good at dealing with student/landlord disputes. Often all it took was a letter on their letterhead. Don't hesitate to talk to them.

psycho_bob42
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Re: Eviction Notice

#23

Post by psycho_bob42 »

You should check out the Texas State Law Library, lots of information about what tenants and landlords can and can't do.

http://guides.sll.texas.gov/landlord-tenant-law" onclick="window.open(this.href);return false;
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lonewolf
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Re: Eviction Notice

#24

Post by lonewolf »

Tricky situation.....just a couple of questions....

Are both your names on the lease?

Did law enforcement get involved? (negligent discharge of firearm, discharging firearm inside city limits, or some such?)

Just curious.

I certainly understand the practicing, but with a finger in the trigger guard? Was he even aware the firearm was loaded? I agree with others that he is most responsible, but you may have to consider court action to keep your status clear, or a statement filed with the court by your friend (as stated earlier,) taking full and complete responsibility.
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