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Alumbrado -> RE: Renters and foreclosures (6/18/2008 4:53:36 PM)
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quote:
ORIGINAL: DomAviator
quote:
ORIGINAL: Alumbrado
Your claim about instant evictions for crayons on the wall, or routine repairs is simply BS.
(And if your $300 an hour lawyer is so desperate for work that they have to do rental contracts that explicity violate what the Texas Attorney General says, it might be time for you to shop around.)[:D]
I didnt say "instant evictions for crayons on the wall or routine repairs" I said I can demand an immediate increase in the security deposit, payable in cash or bond, within 24 hours to cover the cost of damages to my property.... Hence if I want a tenant out because they have done damage, I get a contractor to write me an estimate for $5000 and is he / she / they dont have $5000 cash or bond in my hands within 24 hours they have breached the lease and are on their way to court to be bounced out on their asses. Rest assured there is not a judge in Harris County who will, faced with a lease clearly agreeing to cover the cost of damages, and a contractors estimate showing the amount of damages allow that person to remain.
If the damages are a matter of safety, I can will and have contacted a building inspector or fire chief to IMMEDIATELY revoke the certificate of occupancy / cut electric power or water, etc. No CO no habitation, out and out now... I did this for example when I had a tenant fuck around with the wiring - presumably to steal the copper for cash. No longer meets code = no longer habitable, poof instant eviction.
As for what the Attorney General says - that is on a standard TREC lease form, not a custom one in which rights have been waived or subrogated. Argue it all you want Alum but know exactly how to get rid of undersirable tenants in a variety of innovative and creative ways from calling the cops to have them picked up on warrants (if they are in jail they arent paying rent), to having them deported, to having the place declared uninhabitable... Now when youre in the fire dept how hard do you think it is to get the Fire Chief to act on a violation? When you are driving around with a 100 Club sticker on the cars, how hard do you think it is to get a cop to go check for the "meth lab you think you might have seen" only to discover that a half a dozen of the people in the unit have warrants, or drugs, or any of a number of violations that will buy them some time out of your property hence rendering it "abandoned" and "arrears in rent." Face it, the law is bullshit and the "justice system" is a farce. It is all about who manipulates it best, whos meaner, sneakier, and better connected.
There is nothing to argue... you are simply making stuff up, just like you did with the thread where you linked to the Texas 'law' that said it was a criminal offense to not have an ID card on you at all times and show it to any cop who asked...except of course, anyone who clicked on the link found out it didn't say that at all, you were just BSing.
Same thing here, if you collect rent under a jurisdiction that has a tenant's rights law, eviction processes can't be blindly signed away by nonsense in an invalid contract. Get your $300 lawyer to explain the old 'meeting of the minds' aspect of Contract Law 101...or were they such a hot shot that they didn't pay attention to that?
Yes there are ways to evict problem tenants, and yes their are ways around some defenses to being evicted. Sometimes it seems that the cards are stacked in favor of the landlord.. But things aren't as you have described them.
If you try to evict someone without following the law,such as instant eviction for nothing more than crayon on the walls (your exact words were "Kid colored on the wall? Youre out."), no deputy or licensed agent will perform the set-out if they want to keep their jobs.
And if you do the set-out yourself, or try your 'calling in a meth lab' gimmick on people who haven't committed any crime, you are bragging about criminal behavior ranging from burglary to fraud, so who cares about your legal opinions?
And finally, heaven help you if you were to try any of these gimmicks in the real world, and the tenant or anyone living with them knew their rights... especially if they were were ADA qualified... (any of your tenants or their spouses or kids collect SSI?). For you to even think about the stuff you've bragged about here would be an open and shut case for any ADA lawyer who got wind of it.
This seems to be a regular habit with you, memorize a few buzz words from a technical area, throw in some impressive sounding big money claims, and draw to the extremes to flesh out superstitious and scary sounding mumbo-jumbo about how no one has any rights.
You might fool a lot of the people a lot of the time with that stuff, but on a forum this broad, someone is going to know the facts in certain areas, so get used to being called on it.
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