Landlord Lost My Lease and Files and is Now Trying to Extend My Lease by One Month
My question involves landlord-tenant law in the State of: Texas
if too long to read just skip to last event.
Hello,
I have had a terrible experience at the apartment complex I am staying at all up until my now end of lease. I will include all events as i'm not sure they will be relevant to my case.
-midway through staying at the apartment I had no problems until someone drove into my apartment and left a giant hole. (I have police report and pictures from that)
-I had 2 days to move out of that apartment to a new unit. no complaints from me
- upon a day of staying at the apartment I found that it was completely infested with cockroaches and not cleaned at all. It was so infested that I left midnight to Austin (my family) as there were roaches crawling on me all night while I was trying to sleep and I had no where else to go.
-I called the apartment complex from Austin to let them know about the new apartment infestation and how it was not clean at all. Was told that they would bug bomb the place and clean it and that I would be able to move back in within 2 weeks time.
- I am left very inconvenience as I had many things I needed to take care of in Arlington (I'm a student there). So I asked to have my 2.5 weeks I was gone to be refunded as I could not use the apt. they told me they would look into it with the manager and let me know what they could do when I go back to the apt.
-I go back to the apt. and find that it is still not cleaned at all and is still infested
-I go talk to them next day at this point furious and I find that it is new management. All the old management and all old staff had been completely replaced.
- I tell new management my entire story as well as my claim for a clean apt and for the infestation problem and refund. They tell me that they have nothing to do with all that since they are "new" and that they will just send another bug spray for the infestation. I don't get the bug problem taking care of, not cleaned and no refund for the 2.5 weeks I was out. I am completely furious at this point but I figured my lease ends in 2 months so I'll just tough it out until I leave this hellish place.
-my lease ends by the end of February. 2 weeks ago I went and informed them that I would not be renewing my lease. They go to check my contract and find that they had lost all my files. They tell me "if you do not bring your copy of the lease we will extend it for another 6 months". I go home and look for my copy but no where to be found (must've gotten lost while I was moving with the short notice I had to move). I come back today (2weeks before my lease is going to end) and let them know that I could not find my copy but I assure them my lease were to end at the end of February. now manager is telling me that I had not given a written notice a month ahead telling them that I would move out so now I have to stay the month of march (which I will not be in town for) else I will be fined $440 because of my absence of a letter that I will move out.
my question is: Since they have lost all my files and have no signature of mine on a lease, are they able to fine me and extend my lease as they say they will. Since they don't have any files on me, what would happen if I just moved out today for example and gave no notice or anything?
Re: Landlord Lost My Lease and Files and is Now Trying to Extend My Lease by One Mont
You are required to give 30 day notice to abandon month to month tenancy by law. That is where you are with no lease.
http://law.onecle.com/texas/property/91.001.00.html
Re: Landlord Lost My Lease and Files and is Now Trying to Extend My Lease by One Mont
You're on month-to-month since neither of you can produce a lease.
Trouble is, the TX landlord tenant statute requires one month notice (not 30 days - there's a difference) of termination.
http://law.justia.com/codes/texas/20...-8/chapter-91/
To terminate at the end of February you would have to have given notice on or before February 1.
Two weeks ago is February 4. If that's the day you gave notice then your move out date is March 3 and you are free to pay the landlord the prorated amount.
Naturally, you can expect the landlord to believe he is entitled to the March rent and he is likely to keep your security deposit to cover the rent.
You, in turn, will have the option of suing him in small claims court under the TX security deposit law.
Scroll down about half way to start at 92.101:
http://law.justia.com/codes/texas/20...-8/chapter-92/
Re: Landlord Lost My Lease and Files and is Now Trying to Extend My Lease by One Mont
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adjusterjack
You're on month-to-month since neither of you can produce a lease.
Trouble is, the TX landlord tenant statute requires one month notice (not 30 days - there's a difference) of termination.
http://law.justia.com/codes/texas/20...-8/chapter-91/
To terminate at the end of February you would have to have given notice on or before February 1.
Two weeks ago is February 4. If that's the day you gave notice then your move out date is March 3 and you are free to pay the landlord the prorated amount.
Naturally, you can expect the landlord to believe he is entitled to the March rent and he is likely to keep your security deposit to cover the rent.
You, in turn, will have the option of suing him in small claims court under the TX security deposit law.
Scroll down about half way to start at 92.101:
http://law.justia.com/codes/texas/20...-8/chapter-92/
Hi adjusterjack, I did give them notice on around Feb 3 but it was only a verbal notice. I am assuming though that I will need to write them a written notice and I can move within 30 days of them receiving it, as this is how it works with a month-to-month? Is that correct? They had me believe when i spoke to them that i could not do anything until i found my cope of the lease when I spoke with them about moving out 2 weeks ago.
what I also don't understand is, how is it that I am in any contract with them at all considering they have no files on me or signature from me on anything?
Re: Landlord Lost My Lease and Files and is Now Trying to Extend My Lease by One Mont
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haditj66
Hi adjusterjack, I did give them notice on around Feb 3 but it was only a verbal notice.
There is nothing in the termination section of the statute that requires written notice so your verbal notice on Feb 3 should suffice for a move out by March 2, if you can prove that you gave it. That's why it's always best to give written notice with provable delivery. If you had to stand in front of a judge and the landlord says you didn't give notice, how would you prove otherwise?
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haditj66
I am assuming though that I will need to write them a written notice and I can move within 30 days of them receiving it, as this is how it works with a month-to-month?
Again, as I explained earlier, it's one month notice, not 30 days. If you give one month written notice tomorrow, for example, your move out date would be March 17 and you would only be responsible for rent from March 1 (if that's your rent date) through March 17.
However, if you want to move out by February 2 I suggest that your written notice just be a confirmation of your verbal notice, something like this:
"In accordance with Chapter 91 of the Texas Landlord and Tenant Statute this letter is to confirm that, on February 3, 2015, I gave you notice that I would be moving out at the end of February. I understand that the tenancy terminates one month from the date I gave you notice so I will be paying you the pro-rated rent through February 2 which is all I am obligated to pay according to the statute."
Understand that I am not a lawyer. I don't give legal advice. I just make helpful comments. Proceed at your own risk.
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haditj66
They had me believe when i spoke to them that i could not do anything until i found my cope of the lease when I spoke with them about moving out 2 weeks ago.
You're on month to month in the absence of a lease. if they want to enforce a lease it's up to them to produce it. You wouldn't have to unless there was something in it that you wanted to enforce.
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haditj66
what I also don't understand is, how is it that I am in any contract with them at all considering they have no files on me or signature from me on anything?
That's easy. You don't have to sign a contract to have a contract. Without a written contract your rental contract exists by virtue of the statute and both parties have to comply with the statute.
Make sure you get to know the statutes well as they are your only protection against nasty landlords.
Case in point: All those problems you had back when, you likely had legal remedies that you could have availed yourself at when those problems occurred. Read the statutes and you'll figure that out. Too late to address those now. But, in the future, you have to jump on this kind of stuff and notify, in writing, any landlord who fails to comply with the statute. Then follow up with any legal action that becomes necessary. Otherwise, landlords will walk all over you if you let them. When you are dealing with property managers, always find out who the owner is from the county records and send him duplicates of any letters you have to send to the property manager. The owner is the one ultimately responsible for the acts of his property manager and he's the one you'd include in a lawsuit should one become necessary.
PS: Next time you have roaches or any kind of bugs, go to the nearest do-it-yourself pest control place and buy the chemicals that the pros use along with a $10 hand pump sprayer and do your own spraying while you are waiting on the landlord. That's just common sense self preservation. The best way to control bugs is to spray as soon as you see one of them and not wait for an infestation.
Re: Landlord Lost My Lease and Files and is Now Trying to Extend My Lease by One Mont
Was the lease term for a term other than 12 months? I can see how some confusion might result if you are trying to claim that this was an 11 month lease, and the landlord's leases are all for 12 months; if the landlord is trying to make this a 13-month lease, that would seem odd.
Presumably the amount they would be trying to charge you would be deducted from your security deposit. If that occurs you can sue them for the return of your money and it will be up to them to prove that they had the right to retain it. I don't think, "We're not sure when the tenancy ends, because we lost the lease", is an argument that is likely to win over a small claims court.
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Disagreeable
You are required to give 30 day notice to abandon month to month tenancy by law. That is where you are with no lease.
That is not correct. There is a lease -- the written document simply happens to have been misplaced.
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adjusterjack
You're on month-to-month since neither of you can produce a lease.
That is not correct, either. You don't even have to have a written document to enter into a lease of one year or less. Texas B&C Code, Sec. 26.01(b)(5).
Re: Landlord Lost My Lease and Files and is Now Trying to Extend My Lease by One Mont
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Mr. Knowitall
You don't even have to have a written document to enter into a lease of one year or less. Texas B&C Code, Sec. 26.01(b)(5).
True.
But in the absence of proof of the agreement, the default would be month-to-month.