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I follow the law, pay or get out I do not care take your pick and I do not care why. If you do not have the money or do not want to live in my place any more thats fine goodbye. For some resin you think the landlord should care about your daughter. The landlord held up her end gave her a place to live at a price she agreed to, pay that amount or move. You want your daughter to get special treatment it sounds like to me.
Tworent, other than the fact that you seem to be a cold-hearted person and you don't know English too well, we never asked the landlord to "care" about my daughter and give her special treatment. My daughter was not "living there for free." She moved out back in December. The man who assaulted her was still living there. He is responsible for the entire amount of the rent now because he broke the law. The law is on my daughter's side, no special treatment required. If your state has the same law and you do not allow the renter out of her lease, she can sue you, and she will win!
On another note, maybe YOU are also an abuser of women and this is why you do not care. You get out of this life what you put into it. Evil out, evil will permeate your life. Good out, good will permeate your life. It sounds to me like money is more important to you than people. I feel sorry for you!
I cant help you with the apt issues, but I would suggest if you haven't that you get your daughter some counseling.
Domestic violence can happen out of the blue, but it rarely does. There may have been red flags she ignored or downplayed and it would be good for her to sort that out with someone familiar with the pattern/cycle of domestic violence. Just be aware she may not be telling you the whole story if she is ashamed it ended this way.
The other thing.....is the child his child? Does he have visitation rights?
I think this may be a good reason to talk to his military superiors.
Unfortunately, he is the s**** donor for my grandchild. He is not on the birth certificate, and he refuses to believe she is his. He only wants my daughter, not the child. My daughter has full custody and he has zero rights as of right now. This is the way she wants it to stay, and this is the reason she hasn't gone after him for support. I know it seems unfair that he not pay for his child, but that would require a paternity test and show that he has legal rights to her. He is the type of person that would use the baby to get to my daughter. And my daughter is hopeful that one day she will find the right man and he will adopt the baby and care for his as his own without having to fight the abuser in court to sign over rights (which as of now he doesn't have).
She did contact a woman yesterday who heads up the local domestic abuse help center. They are going to get her signed up for counseling.
Tworent, other than the fact that you seem to be a cold-hearted person and you don't know English too well, we never asked the landlord to "care" about my daughter and give her special treatment. My daughter was not "living there for free." She moved out back in December. The man who assaulted her was still living there. He is responsible for the entire amount of the rent now because he broke the law. The law is on my daughter's side, no special treatment required. If your state has the same law and you do not allow the renter out of her lease, she can sue you, and she will win!
On another note, maybe YOU are also an abuser of women and this is why you do not care. You get out of this life what you put into it. Evil out, evil will permeate your life. Good out, good will permeate your life. It sounds to me like money is more important to you than people. I feel sorry for you!
No not an abuser they are the same as a sex offender all scum to me just a landlord that goes by the law, The money is more important, as a landlord thats what the job is, I am not a counselor my only requirement is have a nice place to live for a fair price thats it.
The truth, if it was my daughter I would tell her to move and screw the landlord. Why you even care about the landlord or the rent is the question for me her safety is more important then her credit or money..
I follow the law, pay or get out I do not care take your pick and I do not care why. If you do not have the money or do not want to live in my place any more thats fine goodbye. For some resin you think the landlord should care about your daughter. The landlord held up her end gave her a place to live at a price she agreed to, pay that amount or move. You want your daughter to get special treatment it sounds like to me.
I guess as a landlord that "follows the law" you would know that you can't just let one party out of a lease without permission of the other parties, so would not be in this exact situation and could take action against the guy for payment of the lease, per the law in that state.
I agree that a call to the powers that be on the base could be very helpful. They can confine him to base if it comes to it.
When two people jointly sign a lease then they are jointly and severally liable. The laws don't allow landlords to discriminate on the basis of marital status, so they force landlords to rent to unmarried losers. Those same losers who would cry discrimination are the same ones who later want to say that they aren't responsible for what the other party did.
The Texas law allows you to get out of a lease, but I doubt very much that it allows someone to avoid paying for any damage that has been done to the unit.
Perhaps your daughter's employer should stop paying her paycheck if the employer has any domestic problems. Same logic.
The Texas law allows you to get out of a lease, but I doubt very much that it allows someone to avoid paying for any damage that has been done to the unit.
It depends.
Quote:
(c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred:
(1) a judge signs an order described by Subsection (b);
(2) the tenant has delivered a copy of the order to the landlord; and
(3) the tenant has vacated the dwelling.
(d) Except as provided by Subsection (f), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section.
Tenant is not liable for any damages that occurred after those 3 actions have taken place.
Quote:
Perhaps your daughter's employer should stop paying her paycheck if the employer has any domestic problems. Same logic.
But the judge who drafts the order will take into account any damage that has occurred. The judge's order isn't a blank check to destroy the place.
My example of someone getting out of a debt and blaming it on their domestic violence is a perfectly parallel example. Why shouldn't an employer get out of debts if they have a domestic situation at home?
But the judge who drafts the order will take into account any damage that has occurred. The judge's order isn't a blank check to destroy the place.
The order has nothing to do with damage unless it is pertinent to the situation (say, the boyfriend slammed the girlfriend into a wall, breaking the drywall) and even then will be nothing more than a tangent mentioning.
The law is clear. When the tenant executes the requirements of Subsection C, they are released from any and all future liability under the lease. In fact, they may not have any liability for damage regardless.
Quote:
Except as provided by Subsection (f), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section.
Since damages could not technically be owed until assessed by the landlord, which almost always happens at the end of the lease, the OP's daughter may not have ANY liability here.
Quote:
My example of someone getting out of a debt and blaming it on their domestic violence is a perfectly parallel example. Why shouldn't an employer get out of debts if they have a domestic situation at home?
Again, no. A business is a complete separate legal entity from a natural person and that insulation makes your point moot.
Regardless, we are not here to discuss ethical issues. This is a legal matter.
We live in the state of Texas. She did go in to see the landlord after the Protective Order was enacted. She gave them a copy of the order back in December. The landlord did not care. When she told the landlord he had someone else moved into the apartment that would not allow her in, she laughed at her and said they were just friends of the ex who were temporarily staying.
If her name was on the lease and she was a lease holder, she had every right to gain access to that apartment and the apt manager should have allowed her access to retrieve her belongings even if he had couch surfers living there while the jerk was gone.
Normally in Texas you can not just "remove" your self from the lease without qualifying the remaining tenant on their own to be sure they can afford the apt. Both residents have to sign legal paperwork to remove one or the other from the lease. If its a TAA lease there is a room mate removal form that has to be completed.
Did they stick her with a skip or just that she didn't fulfill her lease and charging the normal 85% of one months rent along with accelerated rent? If accelerated rent...be sure to find out when the new people move in because in Texas you can not charge double rent. Meaning if she is being charged the remaining 5 months of her lease up front and someone else moves in in one month they have to redo your final account statement to reflect a credit for 4 months. Makes sense?
And on the douche bag...send letter to his commander with no names in it other than the stuff he did.
I am glad to hear your daughter is ok. My heart goes out to her.
Last edited by JLB001; 01-10-2014 at 06:43 PM..
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