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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!

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Attorney answers 2

Posted

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.

Asker

Posted

When I refer to being harassed by the landlord I am not only referring to the 2 pre notices of rent. He has been text messaging my personal cell phone since Dec 2nd about January's rent. He has told me multiple times how he can come into my house whenever he chooses and he has text messaged me and emailed me on multiple occasions demanding I meet him same day on my work lunch break so that he can inspect the house. He has "inspected" my house 3 times within the last 30 days. He has sent me text messages asking me why I do not own a television and why I do not have a dining table claiming that I only "sleep over" at the house because normal people have a television (My husband and I do not watch television) He has told me via text message and email that he can enter my house by any means necessary including by force if he has too. He has insulted me by calling me ignorant all via text and email so I have plenty of proof. I have asked him numerous times to quit text messaging me and emailing me about moneys not yet due. He is very demanding and badgering in his messages to me. I feel that these "pre notices" are just another attempt to intimidate me. The neighbors around my house have told me that people who move into that house never stay longer than a couple of months and over the course of 4 years over 11 people have come and gone. I do not want to move or break my contract but I feel like he does not have boundaries and he is effecting my right to live in peace.

Cheryl Rivera Smith

Cheryl Rivera Smith

Posted

Go to www.texastenant.org. Perhaps you can find help there. Best of luck.

Posted

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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