how to get attorney general off your back about a rental property

by Demario Ernser Sr. 9 min read

Take her to small claims court. You might not get your stuff back, but she owes you the money for the value of the items. Once she sees that you are taking her to court, she might return your property voluntarily.

Full Answer

How do I get my personal property back from a landlord?

If this applies to you contact the Manufactured Housing Dispute Resolution Program at (866) WAG-MHLTA (1-866-924-6458) or file a complaint regarding your mobile/manufactured home dispute. If your landlord-tenant issue demands immediate legal action, you may want to seek Landlord Tenant resources for legal advice, mediation or Small Claims Court ...

Do I need a lawyer to stay in my rental property?

Here is a summary of the steps: The first thing you need to do is fill out a Complaint for Recovery of Personal Property Form (Complaint). Next you need to get and fill out a Personal Property Recovery Summons (Summons). You must purchase …

What to do if your landlord does not give you your deposit?

Can a tenant file a repair order without a lawyer?

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How do I deal with an irrational landlord?

Still, there are some ways to help smooth things over when dealing with a difficult landlord.
  1. Pay your bill. Paying your bill on time is the single most important thing you can do as a tenant. ...
  2. Be a good tenant. ...
  3. Know your rights. ...
  4. Pick your battles. ...
  5. Document everything. ...
  6. Communicate clearly.

What a landlord Cannot do in Texas?

The right to "quiet enjoyment" of your home.

This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants.
Aug 21, 2015

Where do I file a complaint against a landlord in California?

The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at www.dca.ca.gov.

Do you have to give a 30 day notice on a month to month lease in Texas?

Be aware that if you are in a month-to-month tenancy, the landlord or the tenant only must give 30-days' notice before ending the lease. If the term of the lease is more than 1 year it must be in writing or it is unenforceable.Jun 25, 2021

How do you win a lawsuit against a landlord?

Contents show
  1. 1 Landlord-tenant rights.
  2. 2 Find free legal help.
  3. 3 Talk to a Lawyer!
  4. 4 Carefully review your lease.
  5. 5 Keep documentation on your dispute.
  6. 6 Habitability rules.
  7. 7 Health code violations.
  8. 8 Your landlord owes you money.
Mar 23, 2021

Can I sue my landlord for emotional distress in Texas?

Texas does recognize intentional infliction of emotional distress claims, but those claims generally apply in cases such as nursing home abuse, assaults, or threats of violence. Negligent infliction of emotional distress arises from an accident or incident caused by negligence, errors, or mistakes.Dec 11, 2020

What a landlord Cannot do California?

The 2019 passage of California Senate Bill No. 644 prohibits landlords from charging active duty military security deposits exceeding the amount of one month's rent for an unfurnished apartment and two months' rent for furnished apartments.Feb 7, 2022

How do I report landlord to housing authority?

HUD calls this a double crime: one against both tenants and taxpayers. To report a bad landlord to the Multifamily Housing Complaint Line call toll-free at (800) MULTI-70 (800) 685-8470) / TTY (800) 432-2209.

How do I sue my landlord in California?

How to file a small claims lawsuit against your landlord
  1. Step 1: Identify who your Landlord is and their address. ...
  2. Step 2: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100) ...
  3. Step 3: File "Plaintiff's Claim and Order to Go to Small Claims Court" ...
  4. Step 4: Serve your landlord.

Can I break my lease due to coronavirus Texas?

Can I end my lease early without paying penalties or fees? Answer: Yes. Because the pandemic is making your anxiety worse, you can end your lease early without penalty. Question: I lost my job or had my hours cut because of the COVID-19 pandemic.Jul 23, 2020

How much notice does a landlord have to give a tenant to move out?

If your landlord wants to end your periodic tenancy, they usually have to give you 90 days' notice. In some cases, your landlord only has to give you 42 days' notice. They will need to tell you the reason why they're giving you less notice though.

What are the renters rights in Texas?

Renter's Rights
  • Peace and Quiet. Your rights as a tenant include the right to "quiet enjoyment," a legal term. ...
  • Health and Safety. You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. ...
  • Security Devices. ...
  • If You Have Problems.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

Can a tenant go to court without an attorney?

Tenants can go to justice court without an attorney to obtain a repair order. § 92.0563. Unless the need for repair was created by “normal wear and tear,” the landlord does not have a duty to repair problems caused by you, another lawful occupant, a member of your household, or your guests. § 92.052.

Can a landlord refuse to return a security deposit?

By law, landlords cannot refuse to return the deposit without a valid reason. §§ 92.101-92.109. Deductions for damages.

How to get a landlord to fix my house?

If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: 1 End the lease; 2 Have the problem repaired and deduct the cost of the repair from your rent; or 3 File suit to force the landlord to make the repairs.

Do landlords require signatures?

Some landlords prefer oral agreements, but it is more common for them to require your signature on a written lease. Be sure to read the lease carefully before you sign it.

What are the rights of a tenant?

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet.

Can you disturb other tenants?

Of course, you may not disturb other tenants either. Except under certain circumstances and subject to certain conditions, a landlord may not interrupt utilities to a tenant unless the interruption results from bona fide repairs, construction, or an emergency. See Tex. Prop. Code Ann., § 92.008.

What happens if a landlord doesn't make repairs?

If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: End the lease; Have the problem repaired and deduct the cost of the repair from your rent; or. File suit to force the landlord to make the repairs. §§ 92.056 and 92.0561.

How long does a landlord have to give notice of eviction in Washington?

In 2019, the Washington State Legislature passed and Governor Inslee signed legislation which required landlords to provide notice at least 14 days before initiating an eviction proceeding, and created a new notice form that landlords must send to tenants if they fail to pay rent, utilities or another periodic charge that is agreed to in the lease. The 14-day notice informs tenants of the total financial obligation alleged by the landlord. The Attorney General’s Office translated this 14-day notice into 12 languages commonly-spoken in Washington. Twelve translated notice forms translated can be found below. The Attorney General’s Office collected information for tenants about legal and advocacy resources, including immigrant and cultural organizations where tenants can receive assistance in their primary language. These resources can be found here.

When does the eviction moratorium end?

The Governor’s eviction moratorium, Proclamation 20-19.6, will end at 11:59 p.m. on June 30, 2021. The State Legislature has passed legislation that provides the legal framework for landlords and tenants concerning evictions and housing related practices after the eviction moratorium. The Governor has provided some interim landlord-tenant ...

What is SB 5160?

For questions about Proclamation 21-09 or how it applies to you visit: SB 5160 is the new legislation passed by the State Legislature earlier this year that provides the Legislature’s new rules for evictions and housing related practices after COVID-19.

How to get your property back?

The second way to get your property back is to file in the District Court a "Complaint for Summary Proceeding to Recover Personal Property. ”. A hearing can be held as soon as seven days after the complaint has been served on the person who is holding your property. If you win, the judge will order that your property be returned.

What to bring to a property tax hearing?

Be prepared to prove that you own your property. To do this, you should bring every paper, sales receipt or bill that relates to the property. You can also bring any people who have first-hand knowledge that you own the property.

How to get a court order?

We will explain the easiest two ways. First, you can sue in Small Claims Court if the total value of your property is $6,000 or less. In Small Claims Court, the judge can order that you be paid money for the value of the property that was illegally held, or he can order that the property itself be ...

How long do you have to serve a complaint?

Explain where and when the defendant might be served most easily. Also, remember to explain that the papers must be served at least 7 days before the date of your hearing. A deputy hand-delivers copies of the Complaint and Summons to the defendant.

How much can you sue in small claims court?

First, you can sue in Small Claims Court if the total value of your property is $6,000 or less. In Small Claims Court, the judge can order that you be paid money for the value of the property that was illegally held, or he can order that the property itself be returned. The District Court Clerk for the District that serves your town will give you ...

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord evicts you?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

Marshall C Deason Jr

While your landlord cannot destroy your property or sell it without following a cumbesome statutory procedure, the landlord has a lien on your personal property for unpaid rent. You could hire a lawyer to help you in your dealings with the landlord.

Barry A. Stein

You should have taken all your stuff in the first attempt. They can set up what precautions they want for your removal of the property. I would try and work something out with them. You wont have an action for conversion.

Bradley Michael Sopotnick

I agree with Mr. Deason.#N#You may want to read Florida Statutes sections 715.10 through 715.111 -#N#http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=070...

How long do you have to move out of a house?

In many cases, you are supposed to be given a minimum of 30 days in order to remove the rest of your personal property from the residence. If you were married, it is important to understand the differences between personal ...

What happens when you divorce your ex?

During a divorce or a legal separation, one of the biggest negotiated issues is the division of the property. While many couples will work together in order to divide their personal belongings, in certain cases, one ex will refuse to let the other take their personal property. In some instances, an angry ex might act out their anger by withholding ...

What to do if you have a lien on your property?

If a lien has been placed on your real estate due to a disputed debt, you should immediately contact an attorney for assistance in disputing and/or releasing the debt from your real estate. It is only by dealing with the underlying debt that you will be able to have the lien released, and any disputed debt may involve complex litigation that necessitate an attorney's assistance.

How to get a lien released?

First, if you satisfy the lien by paying the underlying debt in full, the creditor must execute a lien release that removed the lien from your property. Second, if a certain length of time passes, the lien will expire, and be automatically discharged or released. The exact length of time required for a lien to expire varies depending on the type of lien and the law of the state that applies to the lien.

Can a lien be challenged?

Since a variety of different circumstances can lead to the filing of a lien on your real estate, the mechanisms for fighting a lien also vary, depending on the situation. Many of the procedures for filing a lien allow the lien to be challenged before it becomes a legally valid and binding lien on your real estate.

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Peace and Quiet

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Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord. Of course, you may not disturb other tenants eith…
See more on texasattorneygeneral.gov

Health and Safety

  • You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. § 92.052. Justices of the peace have authority to order landlords to repair or remedy conditions affecting a tenant's physical health or safety, as long as the cost of the repair does not exceed $10,000. Tenants can go to justice court without an attorney to obtai…
See more on texasattorneygeneral.gov

Security Devices

  • Although there are some specific exceptions, under the Texas Property Code Chapter 92, Subchapter D, a dwelling must be equipped with security devices such as window latches, keyed dead bolts on exterior doors, sliding door pin locks and sliding door handle latches or sliding door security bars, and door viewers. § 92.153. These devices must be installed at the landlord's expe…
See more on texasattorneygeneral.gov

If You Have Problems

  • If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: 1. End the lease; 2. Have the problem repaired and deduct the cost of the repair from your rent; or 3. File suit to force the landlord to make the repairs. §§ 92.056 and 92.0561. To recover un...
See more on texasattorneygeneral.gov