With the increase in foreclosures, more and more renters are being subjected to eviction proceedings even if they’ve kept up on their rent. The family of a student at my school just received a letter from the entity that took ownership of the property they’re renting — at the moment, it’s unclear to me whether they’re renting in a large building, a house, or what — and they’re trying to figure out whether to accept an offer that purports to give them $500 if they (a) accept the offer by March 16 [7 days from the date of the letter] (b) completely move out by March 23 and (c) leave the property clean, etc.
The scary part is that the agreement calls for them to sign a form saying something to the effect that it’s a voluntary eviction, and if they don’t take the offer, they’ll have eviction proceedings filed against them. Apart from concerns that the new owner might find an excuse to not fork over the money (think it’s a big bank, but I’ll check), there’s a concern that officially the “voluntary” thing could look bad to potential landlords when they try to rent elsewhere. I’ve checked all the usual web site on tenants’ rights in Texas (TYLA, various tenant organizations, and so forth), but they only address things like how much notice. Nothing spells out whether the eviction is identified as being “no fault,” as it were.
Thanks for the help so far. I got to look at the documents again today, and part of the problem was that the real estate company’s letter calls things by different names than the actual paperwork does. The letter mentions that the “Cash For Keys Agreement … allows for entry of a judgment of eviction,” but the form the agent actually enclosed is labeled “Voluntary Vacancy Agreement” and doesn’t mention eviction AT ALL. So in addition to passing on your advice, we’re telling her to get the agent to clarify *in writing* if the CFK document she mentions is actually the VV paper, and to fix the part about an eviction entry. My guess is that she either pasted material from a different form letter, or was trying to allow for the fact that eviction can still be pursued if tenants sign the agreement but then don’t hold up their end. So long as they don’t ask them to sign anything *different*, the official documents are totally eviction-free.