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Anyone know rental law really well? Need help

Shini

Go Kart Champion
Moved out of our apartment complex not too long ago and into a friends duplex.

We were on month to month with the apartment complex, they said they require 60 day notice before moving, we tried to do that, and nothing we found that was good (aka not another apartment complex) would hold something for us for 60 days, so we were like...Fuq. So we saved up, decided to just pay the reletting fee or w/e for moving out without having 60 days notice.

Well the place we were at is coming back saying we owe them 2 months rent, for the 60 days plus some other misc fee's that were incorrect and I'm hopefully getting removed this afternoon when I speak to the girl in charge of all this.

They're saying our lease provides the information that shows we would owe the 2 months rent regardless.

I have the lease, I've read the lease, it's a standard TAA lease (texas state lease) and in the parts where they amended it, like Texas only requires 30 days notice, they put 60, but no where in this lease does it say ANYTHING about being on month to month and moving out without providing notice you're required to pay anything, doesn't mention any fee's at all, not even reletting fee's. There's nothing about month to month. Every where in that lease theres a if tenant does this you get charged this fee. But there's nothing for month to month at all in there, it just says the tenant has the option to go to MtM after lease ends, and then it talks about some random MtM stuff but never lists any fee's, or even that 60 days is still required if you're on month to month.

And you'd assume if you're month to month, there's no more contract, no more fee's, etc...right?

The girl said that if someone moved in within the 60 days that they wouldn't charge us, well, I get a bill about 2 weeks after we move out with 1 month + the reletting fee for the 2nd month (so 85% of that month) + those other fee's, I'm like, dafuq? How can they be billing us right now if we're waiting the 60 days to see if anyone moves in?! Now we're on like, day 45 now, and I noticed there's a dish on my balcony where I use to live (we stop by to see friends occasionally), so I call to question about that so we can get that 2nd month reduced or completely taken off as it's OBVIOUS someone is there now. She said no, we said we wouldn't charge you rent that month, because we can't double bill rent for 1 unit, and we're not, I didn't charge you rent I charged you a reletting fee for that month. So basically she's getting creative with her billing and used word play with us the first time around to ease our minds and leave us open to be fak'd later.

So do I owe this crap or not?
 
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Saabstory

.:R32 OG Member # 002
Walk in her office with your lease, ask her to show you the fee she is requiring in writing in the lease you signed.

If (when) she cannot do that, tell her you'll see her in court and will be including all court costs as recompense.

I'm no laywer, but if you have a signed contract, that pretty much trumps anything she says now...
 

Tactical Pancake

Ready to race!
Walk in her office with your lease, ask her to show you the fee she is requiring in writing in the lease you signed.

If (when) she cannot do that, tell her you'll see her in court and will be including all court costs as recompense.

I'm no laywer, but if you have a signed contract, that pretty much trumps anything she says now...

I like this answer.


Sent via the cerebral hemisphere.
 

HOT H2O

Drag Race Newbie
Yes, I've taken several landlords to small claims court for both myself once, and friends several times..

Landlords CAN be the scum of the earth, as well as rotten tenants (whom I've also had to take to court).

Sounds like they are trying to squeeze you, and many people will roll over. Don't roll over.
 

Shini

Go Kart Champion
Thanks for the responses guys. I'll be calling my lawyer later to confirm!

It's just weird, it's not a mom & pop thing, it's a decently sized management company, it's obvious "breaking the law" you'd think they wouldn't do that to avoid people taking them to court?
 

XGC75

Go Kart Champion
In Boston I found out I was paying for the electricity of the hallway lights and the building security system. When I went to my landlords with $100+ electric bills (for a studio) the scumbags told me it's expensive to live in the city. As if I didn't know I was paying 13c/kWh. So I had an electrician inspect their breaker to confirm it. Turns out that my apartment was metered with the common building. Without a way to prove who was using what, we amended the lease so they would pay the electric bills.

It turns out that landlords don't always know a whole lot about their properties or contracts :rolleyes:

butchered by autocorrect
 

Rockchops

Go Kart Champion
Thanks for the responses guys. I'll be calling my lawyer later to confirm!

It's just weird, it's not a mom & pop thing, it's a decently sized management company, it's obvious "breaking the law" you'd think they wouldn't do that to avoid people taking them to court?

Sometimes they're the worst. I've had disputes over stupid stuff like that when I lived in a large managed complex, they just want money and nothing else. Not worth it, I only rent from individual owners now.
 

Shini

Go Kart Champion
Fuuuuuuuuuuuuuuuuuuuuuu

Now they're saying intead of chaging me $75 to fix a tear at the door in the carpet and some dinero to clean it, it's going to be 1093 to replace it...Apparently there was an odor to it? dafuq? And stains "all over"...Any time the puppy/dog had an accident we immediately used our spot bot to pick it up...

Fuck me I knew I should have cleaned it myself and did the walk through with them...This is madness!
 

KYGTIGuy

Go Kart Champion
This sucks. Good luck with the carpet. How does that even work, their word against yours? Cant you just refuse to pay and make them take you to court?
 

Saabstory

.:R32 OG Member # 002
Fuuuuuuuuuuuuuuuuuuuuuu

Now they're saying intead of chaging me $75 to fix a tear at the door in the carpet and some dinero to clean it, it's going to be 1093 to replace it...Apparently there was an odor to it? dafuq? And stains "all over"...Any time the puppy/dog had an accident we immediately used our spot bot to pick it up...

Fuck me I knew I should have cleaned it myself and did the walk through with them...This is madness!

Ask them to prove the issues were caused by you; which of course they cannot do since they already have another renter in the apartment... FYI anytime you leave an apartment/rental property you should ALWAYS take pictures of everything to show the condition you left it in; so your ass is covered... Tell them to send the proof of damages to your lawyer. Don't they already have a security deposit from you? Based on what you said of the contract and (assuming) they have your SD anyway; tell them to pound sand and you aren't paying a cent.

Dude, you gotta stand up and draw the line, people like this will walk all over you unless you stop them forcibly (figuratively speaking of course)... FYI large management companies are often the worst; because they have the "backing" most people won't even fight them, they just go with whatever they are told...

Figure out what (if anything, if what you said is true that number should be $0) you are willing to pay, and have your lawyer send them a certified letter detailing the price; and if they don't accept it you'll see them in court.
 

XGC75

Go Kart Champion
It sounds like you need to have a lawyer contact them. Tell them early on that you don't fuck around. They're just pulling your chain because they think they can.
 

Shini

Go Kart Champion
This sucks. Good luck with the carpet. How does that even work, their word against yours? Cant you just refuse to pay and make them take you to court?

Pretty much. It's my word vs theirs.

Wouldn't the carpet be part of the security deposit?

This property didn't require security deposits, and the pet stuff I had to pay is considered a "fee" not a deposit. Clever word play yet again.

These people sound like scum bags. I hated renting

I mean, we're still renting, but its from a guy that is totally NFG about us having animals, and most of the place is tile. He works with my fiance and basically gave us one his nice rental properties at 25% off because he's tired of dealing with douchey tenants. No deposits required, no pet fee's, and he's not even making us sign a lease, just pay him monthly, and don't fuck up the place...That's why I'm so shocked about all this, we aren't bad people we're good renters, we clean up everything that's spilled, and not like a towel and some water lol...we have a $200 cleaning thing specifically made for pet spots, with solution specifcially made for pet spots, I just can't imagine how that carpet wasn't immaculte in their walk through, it looked fantastic to us.

Ask them to prove the issues were caused by you; which of course they cannot do since they already have another renter in the apartment... FYI anytime you leave an apartment/rental property you should ALWAYS take pictures of everything to show the condition you left it in; so your ass is covered... Tell them to send the proof of damages to your lawyer. Don't they already have a security deposit from you? Based on what you said of the contract and (assuming) they have your SD anyway; tell them to pound sand and you aren't paying a cent.

Dude, you gotta stand up and draw the line, people like this will walk all over you unless you stop them forcibly (figuratively speaking of course)... FYI large management companies are often the worst; because they have the "backing" most people won't even fight them, they just go with whatever they are told...

Figure out what (if anything, if what you said is true that number should be $0) you are willing to pay, and have your lawyer send them a certified letter detailing the price; and if they don't accept it you'll see them in court.

Well the weird thing is, I only called them to becuase the bill was about 1600 bucks, to get some misc crap we shouldn't be charged taken off and also the carpet repair fee taken off since we heard from word of mouth the carpet was completely replaced, the lady I talked to said sure we'll remove those fee's for you then, call us back later and we'll give you the updated amount, I was like...okay cool thanks. Then I call back and the'yre like yeah we replaced the carpet you're right, that was 1093 so now your bill is 2500. I'm like woah woah...if I hadn't of even called to complain abou these other fee's would you have even contacted me about this?! Because that carpet got replaced like, 2 weeks ago, and I hadn't heard anything from them...I almost think they did that just to punish me for being "pushy" with them, like what dafuq.

The problem is we spent a day cleaning that whole place, some of the shit we couldn't get out but the move out list says as long as we make a reasonable attempt and it shows, thats fine. We did well over that...That carpet looked great, our friends that live there saw everything, it looked just like when we moved in to it...Er anyway, the problem is everything looked so great we didn't think there would be any way they could dispute anything, let alone the carpet...foolish thinking.

I suppose I could ask the lawyer about the carpet stuff too, but I just don't think I can win that fight, I've watched enough judge judy to know that unless you have your own pictures you don't really have a leg to stand on...lol...

Another thing is they said they only found the damage using a black light, thats how they saw the stains...I'm pretty sure our cleaner would have left marks from the solution being used that might show up on black light. Y'know? Like, sure there may be things that show up on it, but it doesn't mean it's a stain, it's probably remnants from our spot bot that would have easily been sucked up in a shampoo'ing. The only reason we didn't shampoo is becuase they said not too because it's not part of the move out, and why spend our money when they'll do it for us for "free"...


They hated my fiance, she made quick the ruckus with them over their mistakes and idiocies while we were living there, she got into a shouting match with one of them once. I wouldn't be surprised if that B trashed our place pre-walk through just to stick it to us.

Also, we tried to do the walk through with them, they kept declining, saying it's not policy.

It sounds like you need to have a lawyer contact them. Tell them early on that you don't fuck around. They're just pulling your chain because they think they can.

lol...yeah I may just need to do that.
 
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