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Can my landlord post a "legal letter" for demand of rent before rent is even due?

Dallas, TX |

My rent is due on the 1st but my landlord has been harassing me and i came home today to a letter saying this is a "LEGAL NOTICE" for my rent that is due on January 1st 2014. I have plenty of correspondence proving that I have asked him to stop trying to contact me about money's due before it is due and plenty of proof that he has been harassing me. I have every intention on paying my rent next month but I don't understand what he is trying to accomplish by posting this. He also sent the same exact letter to me via email today. The house is in very bad shape and upon signing my lease agreement he agreed to pay for the house to be fixed yet he has not kept up on his word. I have been here 5 months and I signed a 2 year contract I don't think I can handle this harassment for 2 years.. help!

Attorney Answers 2

  1. I don't think any judge would find that giving you two "pre-notices" is harassment. If he tries to evict you using these notices, they won't work. Rent must be one day late before a notice would be effective. Just ignore them.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

  2. It doesn't seem likely that a pre default notice would have any legal significance if he were to try to evict you at a later point. The notice provision of the lease provides for where any correspondence should be sent to the parties. If the landlord is not corresponding at the correct address, you should point out that fact.

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