Posted on 12/24/2004 5:56:35 PM PST by jb6
Associated Press
An apartment manager was arrested this week on theft charges for allegedly seizing electronics from a deploying soldier behind in his rent.
Brenda Austin, assistant manager at the Summer's Bend Apartments, was arrested Wednesday on the misdemeanor charge. She was later released on bond, and her company's attorney says her action was perfectly legal.
Austin is accused of taking a computer, a television and a stereo from the apartment of Spc. Carlos Hernandez, a member of the Texas Army National Guard scheduled to ship out to Iraq in January.
The prospect of a legal fight to regain his possessions is not one Hernandez relishes at this stressful time.
"I'm trying to clear my mind," Hernandez told the San Antonio Express-News on Thursday. "I need to stay focused on my assignment, not what is going on over here with my apartment and my family."
Hernandez and his wife, Vicki, acknowledge being behind in their rent by more than a month, but they blame it on an Army payroll snafu they have been trying to clear up since the soldier was called to active duty in August.
The family can assert legal protections under federal law due to his military status, but the lawyer representing Summer's Bend says that law doesn't cover Hernandez because he did not give proper notice to the apartment management.
"It's almost like entrapment," said attorney David Fritsche. "I've never seen a leasing agent arrested, handcuffed and thrown in jail for doing an action that is perfectly legal under the Texas Property Code."
Austin and three others came to the Hernandez' apartment on Monday, while the couple was driving home from Fort Hood for a week's leave before deployment.
"At first, they were messing with the electrical plugs and I thought they were checking electrical stuff," said their teenage daughter Courtney, who was home at the time.
She told the newspaper that she didn't realize what was going on until the computer, television and stereo were gone.
I don't believe this is legal....do we have any JAGS out there????
Unless Texas is different than the United States, maybe more like Pakistan or other third-world hellholes, the proper route for the landlord to pursue his grievance is through the courts!
Otherwise it looks like the landlord was stealing a stereo and television set.
Maybe that's why the landlord got cuffed!
In any case, sounds like it's time for the landlord to be sent back to Mexico.
Brenda Austin, assistant manager at the Summer's Bend Apartments, was arrested Wednesday on the misdemeanor charge. She was later released on bond, and her company's attorney says her action was perfectly legal.
Her name is Brenda Austin. I doubt she is from Mexico. And from the article, I'd say she is an employee doing what her employer wanted her to do.
2 things.
I know this is not legal where I work, I guess it is in Texas from what the lawyer is saying.
2, this guy, to do this to a person in the military, is a wretched rotting excuse for a human being.
You could inquire of their counsel, R. David Fritsche, directly, here: lawordf@aol.com
As I told my clients when I used to practice law, sometimes it may be LEGAL technically but it just ain't RIGHT. Plus, it's STUPID, particularly at Christmas time.
No used electronics (street value approximately nil) are worth the bad publicity this little stunt will garner the landlord.
Yes, the Soldiers and Sailors Relief Act is very much a possibility in this case, and that means that the woman could well have a Federal case on her hands. Deservedly so.
Lucky it's not Arizona, you miss that payment on the first, I can have you out (if everything goes right) on the 15th.
But as a side note properties are required to keep renters property on had for 60 days (I think) in Arizona, but at that point most just toss whatever you had as it's too much of a problem to try to sell it.
Hey, you can't go on just names these days, particularly if they have a "Saint's Name"!
I know this will get me grief - but unless the landlord was a total idiot, this still sounds like a setup story with way too many holes and unbelieveable statements.
The Federal Soldier's and Sailor's Relief Act pre-empts the state law.
Also if you sieze property and don't go through the proper proceedure to get title to it and you sell it or dispose of it without a court order, you may be prosecuted for theft or receiving stolen property.
You have to go through the process of selling it at auction after advertizing it properly in the paper.
Bah, I was wrong, you made me look it up in the ARS; 5 days after non payment: notice to quit, 5 days later, the owner can go to court for foricible entry and detainer, after that the owner can petition the court for a writ of execution and demand the tenant move by 5pm (the sheriff will tape this to the door), if the renter has still not vacated, then the owner can ask the sheriff to step in and handle the eviction personally.
The Landlord is entitled to keep any deposits, and keep the renters property if it is still on the premises, and may sue the renter if the owner can prove they have been damaged by not holding up the lease. in addition, after 10 days the owner may sell any property left behind but must keep the proceeds of any sell on hand for 1 year if the renter wishes to claim them.
But as usual Federal law trumps all, and I have no knowledge of the specifics of the Federal Soldier's and Sailor's Relief Act.
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