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Old Lease Expired, Didn't Sign New Lease

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  • 05-29-2018, 09:29 AM
    awilkins
    Old Lease Expired, Didn't Sign New Lease
    My question involves landlord-tenant law in the State of: Texas

    My old lease expired in August 2017, I told landlord via text I planned on continuing to live there but did not sign a new lease. The lease states that after August 2017, lease is renewed on a month to month basis. I gave notice in March that I planned to move out in April. I agreed to pay rent for the months of May and June which I did. Had the place professionally cleaned and although there was normal wear and tear, I left it in the same condition in which I moved in. Management company is claiming they had to "extensively clean kitchen" - untrue since I had a maid service come in. "Re-paint entire property" - unnecessary, just normal marks and scruffs, clean the HVAC system - it was filthy when I moved in and I noted it on the move in list. They not only are keeping my security deposit of $1400 (which is fine with me), but are saying I need to pay July and August rent. If I was on month to month, I feel like I have already gone above and beyond in my payments and should not be liable for two more months rent.
  • 05-29-2018, 09:33 AM
    llworking
    Re: Old Lease Expired, Didn't Sign New Lease
    Quote:

    Quoting awilkins
    View Post
    My question involves landlord-tenant law in the State of: Texas

    My old lease expired in August 2017, I told landlord via text I planned on continuing to live there but did not sign a new lease. The lease states that after August 2017, lease is renewed on a month to month basis. I gave notice in March that I planned to move out in April. I agreed to pay rent for the months of May and June which I did. Had the place professionally cleaned and although there was normal wear and tear, I left it in the same condition in which I moved in. Management company is claiming they had to "extensively clean kitchen" - untrue since I had a maid service come in. "Re-paint entire property" - unnecessary, just normal marks and scruffs, clean the HVAC system - it was filthy when I moved in and I noted it on the move in list. They not only are keeping my security deposit of $1400 (which is fine with me), but are saying I need to pay July and August rent. If I was on month to month, I feel like I have already gone above and beyond in my payments and should not be liable for two more months rent.

    If you were on month to month then no, you absolutely do not have to pay July and August rent. (Assuming that you are talking about July and August 2018). You need to send the management company a certified letter reminding them that you were month to month.
  • 05-29-2018, 11:00 AM
    Mr. Knowitall
    Re: Old Lease Expired, Didn't Sign New Lease
    There is no magic in sending a certified letter. You simply get a card back indicating that somebody at the recipient's address signed for the contents of an envelope. If they're going to lie about what they received, the card doesn't help you prove what you sent. There's nothing wrong with sending a notice, but absent something in the law that gives special status to certified mail, you can generally use First Class mail or use a cheaper option such as delivery confirmation. Even if you sent a letter certified, it makes sense to also send a copy by First Class mail in case the recipient rejects or refuses to sign for the certified letter.

    If the landlord attempts to sue for rent, you can raise the issue of proper notice as a defense and counter-sue over improper deductions from your security deposit.

    If the landlord does not attempt to sue, but reports the claimed rent as a debt on your credit report (whether directly or through a creditor) you can dispute the accuracy of the report with the credit reporting agency, and once again could consider suing the landlord so as to get a court order indicating that you don't owe anything more (or that the landlord actually owes you money).
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