landlord switch (by Thomas Rodriguez [TX]) Aug 15, 2016 5:50 AM
landlord switch (by Gail K [GA]) Aug 15, 2016 6:12 AM
landlord switch (by Thomas Rodriguez [TX]) Aug 15, 2016 6:19 AM
landlord switch (by Still Learning [NH]) Aug 15, 2016 6:26 AM
landlord switch (by CTLL [CT]) Aug 15, 2016 6:44 AM
landlord switch (by S i d [MO]) Aug 15, 2016 7:45 AM
landlord switch (by WMH [NC]) Aug 15, 2016 8:46 AM
landlord switch (by Thomas Rodriguez [TX]) Aug 15, 2016 8:54 AM
landlord switch (by OPM [OR]) Aug 15, 2016 9:57 AM
landlord switch (by S i d [MO]) Aug 15, 2016 11:06 AM
landlord switch (by cjo'h [CT]) Aug 15, 2016 11:09 AM
landlord switch (by cjo'H [CT]) Aug 15, 2016 11:23 AM
landlord switch (by cjo'H [CT]) Aug 15, 2016 11:29 AM
landlord switch (by Laura [MD]) Aug 15, 2016 11:36 AM
landlord switch (by WMH [NC]) Aug 15, 2016 11:43 AM
landlord switch (by LoriC [CO]) Aug 15, 2016 12:07 PM
landlord switch (by Robert,Ontario,Can [ON]) Aug 15, 2016 12:58 PM
landlord switch (by Vee [OH]) Aug 15, 2016 6:30 PM
landlord switch (by Ray-N-Pa [PA]) Aug 15, 2016 7:32 PM
landlord switch (by Thomas Rodriguez [TX]) Posted on: Aug 15, 2016 5:50 AM Message:
State Specific Question About: TEXAS (TX)
I am a handyman by profession-I have no signed lease, a verbal agreement with wife/owner and an absentee lanlord that for 2 years of requests to address damaged items through regular wear and tear failed to comply. I sent letter informing that, if agreed I would fix items and deduct from rent. He was not fond of that suggestion and now has his daughter handling all aspects concerning this property. In Texas a verbal agreement is binding as a signed document. Is she legally entitled to begin enforcing we sign a lease?
--24.243.xx.xxx |
landlord switch (by Gail K [GA]) Posted on: Aug 15, 2016 6:12 AM Message:
If this ends up in court, how does one prove a verbal agreement existed? --73.20.xxx.xxx |
landlord switch (by Thomas Rodriguez [TX]) Posted on: Aug 15, 2016 6:19 AM Message:
Again in Texas a verbal agreement is binding and the fact that we have made and payment has been accepted verifies the agreement. --24.243.xx.xxx |
landlord switch (by Still Learning [NH]) Posted on: Aug 15, 2016 6:26 AM Message:
Why don't you want a written lease? A good lease will address how maintenance items should be handled. It could benefit your situation. --76.89.xx.x |
landlord switch (by CTLL [CT]) Posted on: Aug 15, 2016 6:44 AM Message:
A binding contract has to be agreed upon by both parties. You have no contract - verbal or otherwise.
"IF agreed" is not confirming "AS agreed"
You wrote: I sent letter informing that, if agreed I would fix items and deduct from rent. He was not fond of that suggestion and now has his daughter handling all aspects concerning this property. In Texas a verbal agreement is binding as a signed document. Is she legally entitled to begin enforcing we sign a lease? --68.224.xxx.xxx |
landlord switch (by S i d [MO]) Posted on: Aug 15, 2016 7:45 AM Message:
Thomas, howdy. First, realize this is a land lord site, so we're going to look at this with a perspective that may not be beneficial to you...that said, here's the reality.
You have a verbal agreement, but what can you actually prove about your deal to a judge in a court of law? All you have is a record of payment. That proves ONE THING ONLY: you are renting a property for X-dollars per month. Nothing else.
In most states, a verbal lease is month by month and either party can terminate the agreement with 30 days notice. Assuming that is true in TX, your land lord has the right to make you a) sign a lease or b) move out with a 30 days notice.
Pick your battles. It does not sound like you are happy with how this land lord does business, so if I were in your shoes I'd give my 30 days written notice and find somewhere else to live. I would also sign a lease at your new home so everyone (including a judge) knows what the deal is.
Best wishes. --173.19.xx.xxx |
landlord switch (by WMH [NC]) Posted on: Aug 15, 2016 8:46 AM Message:
Sid has it exactly right. --173.22.xx.xx |
landlord switch (by Thomas Rodriguez [TX]) Posted on: Aug 15, 2016 8:54 AM Message:
Thank you. SID. I assume that as a landlord you have an agent that recovers funds for you? And if so...this agent I assume has to be recorded legally at the county clerk's office, correct? And not just a piece of paper giving them authority? --24.243.xx.xxx |
landlord switch (by OPM [OR]) Posted on: Aug 15, 2016 9:57 AM Message:
Hi Thomas.. in many states all that is needed (if required) is a 'piece of paper' for the owner to assign a person to act for them.. and no need to record or file with the city or county.. --162.247.xx.xx |
landlord switch (by S i d [MO]) Posted on: Aug 15, 2016 11:06 AM Message:
Thomas, I'm not sure what your most recent questions have to do with the original issue, which was whether or not the land lord has the right to make you sign a lease, unless you believe someone is trying to act as an agent without your land lord's permission.
Agency laws vary by state, but the general rule is agents have authority and fiduciary responsibility to act on behalf of their principle. Often, this means the principle (owner) has formally delegated the duty to the agent via some method: a formal written contract or a verbal contract, much like your verbal lease. Nothing in the laws of Missouri that I am aware of require an agent to register with any Govt authority, except that (in Missouri) an agent who manages property for someone else they are not related to must be a licensed real estate agent. Otherwise, no registration requirements. TX law may be different. I recommend consulting a local, experienced, land lord/tenant attorney to get the facts.
If you believe someone is trying to unlawfully collect money from you or trying to get you to sign documents without the owner's permission, then you would file a police report against said person. Meantime, keep paying rent in the same manner and to the same address as you have since Day 1. Use certified mail and/or some other method of tracking and if the letter get returned, keep them unopened in your file. That will look favorable to the judge if this ends up in court. I would not pay in cash as this is not traceable. Use a Money Gram, certified bank check, or Post Office money order. Photocopy the document before mailing it, showing the "Payable to", date, and the amount of the payment.
To sum up if I were in your shoes: I'd keep paying my rent using some method that is easy to show as proof you acted in good faith and make every reasonable effort (certified letters, emails, phone calls, etc.) to get in touch with my land lord to verify the situation. Any check payments written would be to land lord's name, not daughter, and would include a note on the Memo: "Rent for (fill in your address) month of August", etc. If she has authority to collect the rent and sign leases, she should also be able to cash the checks and get the funds to the owner.
Hope this helps. It's been a pleasure. Gotta go chat my fellow land lords now. --173.19.xx.xxx |
landlord switch (by cjo'h [CT]) Posted on: Aug 15, 2016 11:09 AM Message:
Thomas, Ta an tanim attar orm ,Catal.what normal wear an tear could there be in two years time? We moved into The house we live in back in 1973,with Four children all going to grade school.True, they have all since graduated and moved on with their own lives,an have their own children and houses.In the intervening years we haven't had to do any repair work or fix anything.why should we we were only living in the place,not using it as a demolition derby testing ground? So why should you be so much different? Unless, I just don't know.Maybe a regular house is not for you?perhaps a bomb shelter as a addition in a basement,hurricane proof, something to consider! If you're as handy as you say you are? Charlie...... ..... .... ... .. . --70.215.xx.xx |
landlord switch (by cjo'H [CT]) Posted on: Aug 15, 2016 11:23 AM Message:
Thomas, getting back to your original question,there is no lease unless it is written, even on a serviette, which is quite legal! Catal...... ..... .... ... .. . ...... ..... .... ... .. . --70.215.xx.xx |
landlord switch (by cjo'H [CT]) Posted on: Aug 15, 2016 11:29 AM Message:
Even in the Great State of Texas! Charlie...... ..... .... ... .. . ...... ..... --70.215.xx.xx |
landlord switch (by Laura [MD]) Posted on: Aug 15, 2016 11:36 AM Message:
This is a landlord website....but I will give you some advice. Do better research! In Texas a verbal contract may be enforced with difficulty because of the he said she said aspect HOWEVER there are some exceptions (you do know what exception means) like real estate. Verbal real estate contracts are not enforceable. But feel free to waste time with this losing battle. --108.48.xx.xxx |
landlord switch (by WMH [NC]) Posted on: Aug 15, 2016 11:43 AM Message:
No recording at the County Clerk's office for a daughter to take over management of a parent's property, only an agreement between the daughter and the parent. And their arrangement is not your business.
If the owner (parent) directs you to sign a lease and pay rent to his daughter, he is perfectly within his rights to do so.
You, sir, sound as if your main goal is to not pay rent on a place you are not happy with.
Why not move? --173.22.xx.xx |
landlord switch (by LoriC [CO]) Posted on: Aug 15, 2016 12:07 PM Message:
Many times, a tenant's idea of "normal wear and tear" is straight up filth and/or damage. As landlord's we deal with this every day.
I would never allow any tenant to "fix items and deduct from rent".
I would also never rent from anyone that did not have a lease so that I could protect myself as a renter. Why have you stayed so long in this rental where the owner never fixed issues that really needed repair??
That said--if the owner is turning over the management of the rental to his daughter and they now want a signed lease, then you have two choices---agree with the terms of the lease and sign the lease or move out. It's simple.
It's their property--they are the LL's--you are the tenant. --65.114.xxx.xxx |
landlord switch (by Robert,Ontario,Can [ON]) Posted on: Aug 15, 2016 12:58 PM Message:
Damaged doors, broken windows, ripped carpet or holes in the walls are not wear and tear. Worn out locks are considered wear and tear along replacing washers in the faucets. Dirty carpets is cleaning where most jurisdictions it is the tenants responsibility to keep the rental unit in reasonably clean condition. Once one moves out then they are no longer a tenant where it is small claims court. As a rental housing provider have seen tenants leave a rental unit in filthy condition along leaving broken furniture and garbage behind. Here it is not uncommon for a tenant to live in a rental unit then move on after six months once they have completely trashed out the rental unit. --74.220.xxx.xxx |
landlord switch (by Vee [OH]) Posted on: Aug 15, 2016 6:30 PM Message:
The judges will prolly set a timer, you have 90 seconds to explain your story, same with the owner and then they will make a ruling to be mailed out, if you disagree with this take the proper manuevers to become the judge. --76.188.xxx.xxx |
landlord switch (by Ray-N-Pa [PA]) Posted on: Aug 15, 2016 7:32 PM Message:
I can't speak to Texas law, but in Pa.....there is nothing defining normal wear tear. So if someone is going to argue something that isn't defined, it will be a loosing battle. You might want to see how the item is depreciated instead --72.23.xxx.xxx |
Reply:
|
|