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  • DFWM landlords and legal gurus.

    I have a question on behalf of a good friend and you guys always seem to know the ins and outs of our legal system and such. My friend cant afford a lawyer so I am doing what I can to help.

    Here is whats up, he received and eviction notice yesterday at his apartment because his youngest daughter found an unlocked outside circuit breaker box and flipped it off thus turning off someones AC. His daughter is 7 and is autistic. She is not allowed outside by herself but sometimes sneaks out. Management did yell at her last hear because she liked to watch the leaves fly when an AC unit would blow them away. Kids being kids and all.
    Anyway, in the 3 years they have been there they have never once been a day late on rent, don't get complaints, keep the apartment in good shape and the only time the management has given them issue is when they were spring cleaning and left a mop on the balcony to dry for a couple hours. Stupid.

    So this current issue is the only write up they have ever received and its for a handicapped child switching off an unlocked outside circuit breaker. They can not afford to move as medical expenses for the kid are nuts, his mom just died a couple weeks ago tapping him out as well as the ass hat that ran him off the road destroying all four wheels on his car.

    So can he fight it and if so does he have a leg to stand on? The whole eviction seems like BS. They gave him to the 30th to move. I suggested to just stay and wait for the JP hearing. It seems that they couldn't kick someone out for such a thing. I just don't get it because as I said, they are liked there, always pay on time, are quiet, keep their area clean and while his car is ready for paint its not like its a turd sitting in the lot.
    Good judgment comes from bad decisions and a lot of that comes from bad judgment.

  • #2
    There is more to this story.
    2006 Civic SI
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    • #3
      I am staring at the eviction notice right now. Misspellings and all. Has two pictures of his daughter standing next to the switch and one of her running away.

      The eviction notice states that because, and I quote verbatim: "It has also caused our maintanence team to work twice as meaning a/c calls as we usually would have during this time of the year, along with a few after hours' call, just to turn on braker. In other word it has disrupted our normal business practices."
      Good judgment comes from bad decisions and a lot of that comes from bad judgment.

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      • #4
        Originally posted by LaserSVT View Post
        I have a question on behalf of a good friend and you guys always seem to know the ins and outs of our legal system and such. My friend cant afford a lawyer so I am doing what I can to help.

        Here is whats up, he received and eviction notice yesterday at his apartment because his youngest daughter found an unlocked outside circuit breaker box and flipped it off thus turning off someones AC. His daughter is 7 and is autistic. She is not allowed outside by herself but sometimes sneaks out. Management did yell at her last hear because she liked to watch the leaves fly when an AC unit would blow them away. Kids being kids and all.
        Anyway, in the 3 years they have been there they have never once been a day late on rent, don't get complaints, keep the apartment in good shape and the only time the management has given them issue is when they were spring cleaning and left a mop on the balcony to dry for a couple hours. Stupid.

        So this current issue is the only write up they have ever received and its for a handicapped child switching off an unlocked outside circuit breaker. They can not afford to move as medical expenses for the kid are nuts, his mom just died a couple weeks ago tapping him out as well as the ass hat that ran him off the road destroying all four wheels on his car.

        So can he fight it and if so does he have a leg to stand on? The whole eviction seems like BS. They gave him to the 30th to move. I suggested to just stay and wait for the JP hearing. It seems that they couldn't kick someone out for such a thing. I just don't get it because as I said, they are liked there, always pay on time, are quiet, keep their area clean and while his car is ready for paint its not like its a turd sitting in the lot.
        You can fight anything, but the short and simple is that if they have an attorney and he doesn't, he'll lose.

        What is the reason he is being evicted - what does the paper actually say? I tend to agree that there is more going on here.

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        • #5
          If his lease is up they can evict. Simple as that seems more to the story though.

          Breaker shouldn't have been unlocked but that won't help at all.

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          • #6
            They just renewed his lease two months ago.
            Good judgment comes from bad decisions and a lot of that comes from bad judgment.

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            • #7
              Good judgment comes from bad decisions and a lot of that comes from bad judgment.

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              • #8
                Dude, sounds like he isnt watching his kid and she is running around flipping off breakers. He now has to pay the piper.
                "If I asked people what they wanted, they would have said faster horses." - Henry Ford

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                • #9
                  I would have it thrown out of court. It is not the "hottest season". Not yet.

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                  • #10
                    Where's the contract? What did he violate?

                    Money or not, if he wants to stay he has no choice but to get an attorney.

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                    • #11
                      They have to give you a certain amount of time before they can boot you, two weeks or 30 days. Something like that.

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                      • #12
                        I would suggest that he quickly reach out to Baylor Law, they can put him in touch with an attorney that does pro bono work for indigent individuals.

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                        • #13
                          Unless there's more to the story, as in many more similar incidents, this smells to me like plain ol' discrimination.

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                          • #14
                            His daughter is autistic and has ADHD. She is not allowed outside unsupervised and she has 24/7 adult supervision. That being said shes freakin Hudini. You can go make sure shes in her room playing quietly, go take a leak and by the time you come out of the bathroom shes gone. Usually they catch her before she makes it to the lot but not always.
                            They do their best. Both parents work full time and their other daughter is an angel but the younger one is hell on wheels. Doctors are trying out different meds but have yet to find the right balance. They have her doped up to almost coma state or no effect at all.

                            The apartments do not allow you to change the locks as a double key deadbolt was suggested by me before and they wont allow for a "catch" to be mounted on the door without paying for the door up front should you move and that was some stupid price of 700 or 800 bucks. Hell they wanted $1000 for a pet deposit.
                            Good judgment comes from bad decisions and a lot of that comes from bad judgment.

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                            • #15
                              I know that is your buddy and you like to go out of your way to help but sometimes you just gotta let people find their own way.

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