How can I deal with an apartment manager that hasgiven us a notice to vacate based on false accusations of making too much noise?
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How can I deal with an apartment manager that hasgiven us a notice to vacate based on false accusations of making too much noise?
Since the first notice she has made excuses on why she cannot meet with us and constantly avoids us so we have not had an opportunity to plead our case to her. We have proof that on the dates of some complaints we were not even in our apartment (on one occasion I even have documentation that I was in the hospital) but it has been impossible to get a meeting to discuss this. I really don’t want to have to move out.
Asked on February 29, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you refuse to move out, she will need to take you to court--bring an eviction action. To evict you, she will need to prove the lease violation or other reason for your eviction, and the burden is on her to prove it by a "preponderance of the evidence" (or that it was "more likely than not" that you did these things). You can can present your own evidence that you did not do these things, and if the apartment manager cannot prove her case, you should not be evicted. If she brings a frivolous case (one that not merely loses, but which was essentially without a good faith basis), you may be able to seek attorney fees or sue her for compensation.
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