landlord wants to evict

[kth2oman]

I rented a house on December 1, 2007 in order to move my mother to Texas. When I went to see the house, I asked the landlord if I could have pets, her reply was "only if they are not pit bulls". I filled out an application and stated I had dogs. She still rented to me. Due to the fact that my dogs could dig out, and the weather was unbearable, we did keep them inside at times. She did tell me at times, that she thought we had too many, my mom has two larger dogs that were raised in apartments and I have 3 smaller chihuahua mixes. WE have a huge backyard, a four bedroom house. All my neighbors, (she ownes those homes too) have pets inside. Some of them have children and two to three pets that live inside and their homes are not as large.
When we moved in part of the house had new carpet, but the walls have dirt, grime and spills on them, there is several holes and damage to 90% of the doors, the ceiling fans were really dirty. It was as though, just because the carpet (only the new, was cleaned) everything else was fine.
We also had a major water leak under the house, it took her 4 days to fix it and we were told we had to keep the water off until her son (maintance man) could fix it. My mother is 77 years old and in poor health. I could not rationally see keeping the water off for days. She said her son was too busy to come and fix our leak right away.
Also our furnace went out, it was late in the afternoon and she said we'd have to wait until she called someone out the next day before it could be looked at. The temp was below freezing.

Do I have a right to fight this eviction? I have a friend who was with me when the landlady stated we could have dogs. With the fence fixed my dogs will be staying outside.

 

[augustbaby1968]

What is the specific reason she is stating for eviction? She has to state a specific reason on the notice. Is this a court notice or a letter from her? Do you have a lease and for how long? The landlord has to prove you violated the lease in order to evict you, ie; non-payment for rent or an other substancial violation of the lease. You did say the dogs were on the application and that she know you had them when you moved in. Are they listed on the lease? IE; 5 dogs as occupants?

Go to www.texastenant.org. They have helpfull facts and ways to defend yourself from this eviction. If that does not work, call the Texas Attorney Generals office consumer help line and they will give you information as well. Thanks

 

[kth2oman]

No, I did not list the dogs on the lease, just the application. She is now stating I can have no dogs. I have told her I would TRY to find homes for the smaller dogs, I have found someone to keep them but I find this unfair due to just because she thinks this is too many for her, its too many for everyone. I told her how many dogs we had, it was after I moved in that she then told me to get rid of them. The reason I rented was due to the size of the yard and she stated I could have pets as long as they weren't pits. Everyone around me has pets in the house.

 

[augustbaby1968]

How many dogs did you list on the application? When did she say you could not have the dogs? What is the specific reason for the eviction? Is the person who overheard this willing to go to court and testify that the landlord knew you had the dogs and she still allowed you to move in? Landlords can be bullies and will try anything if you let them. Landlords make up things as they go. Most of this is not law or legal, and if you don't chanllege them they just continue to do the same thing to others. They will say anything to intimadate you into beleiving they are right, when they are wrong. Call legal aid of Texas. They do help tenants with landlord problems. Landlords back down after they have attorneys after them.

Stop telling her you will comply with her unreasonable requests, and start standing up for your self. You have to fight for you, no one else will. If you don't believe you are correct, no one else will either. Arm yourself with knowledge. Read the website that I sent the link to and call the Attorney Generals office of information about the laws in your state. Do a web search for legal aid in Texas. All of these resources are free.

 

[kth2oman]

Thanks for the help augustbaby. I do plan on fighting her, she is doing this because of the "carpet" which believe me is not much. My dogs are great and I did get rid of a few before I moved in. A lot of it is my mom and the companion ship they provide her. She is legally blind and has alot of other health problems. We have people cutting through our yard, we have neighbors knocking on the doors all the time wanting this and that, and have no dead bolts on any of the doors, no smoke detectors, no nothing, I feel my dogs are essential to the safety and well being of my mother and self. And yes this friend has already begun composing an affidavid and will go to court. The application listed all the dogs, the lease was an old one the landlady used whiteout on and several times I questioned her on the deposits needed to keep the dogs and she never did ask for any additional funds except for the initial $300.00 deposit even though she knew about the dogs.

 

[augustbaby1968]

Good luck and let me know what they say and what happens.