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  1. #1
    Join Date
    Sep 2017
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    27

    Default Texas Landlord Made Error on Lease Termination Agreement

    My question involves landlord-tenant law in the State of: Texas

    This takes place in a large Texas City. We signed two leases with our landlord. The first lease signed in Dec. of 2017 which started in Feb of 2018 and ran to Feb of 2019. We were unhappy at the apartment due to tenants not leashing large dogs (which violated city law and the tenant's lease but the landlord did not enforce any of the rules). We had a terminal family member and could not move out after the first lease. We signed another lease with the caveat that the dog situation would improve. We had two dog bites during the first year and an attack by another unleashed dog during the second year. After complaining to the landlord about the dog attack they agreed to break lease #2. We moved out in June of 2019 and someone else is in our old apartment. The landlord just sent us a bill for utilities which has many errors. We overpaid the rent. In trying to figure out what we owe we discovered the landlord referred to the wrong lease on the lease termination agreement. The lease they refer to was the first lease which expired February of 2019. We had the lease termination agreement reviewed by our attorney and neither our attorney nor we caught the error. Since the termination agreement refers to lease #1 which already expired what does this mean?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,060

    Default Re: Texas Landlord Made Error on Lease Termination Agreement

    It means you go back to the apartment manager's office and talk to the people there and see about getting things resolved. Bringing copies of both leases with you along with any documentation you have on the agreement to "break" the lease early.

    Or, you can pay your lawyer his hourly rate to handle it for you.

    PS: You should have been calling the police about the dog's running loose, especially the bites. And after the first experience why the heck didn't you start to carry some sort of personal protection that would keep the dogs at bay: Taser, Pepper Spray, Handgun, just to name a few possibilities.

  3. #3
    Join Date
    Sep 2017
    Posts
    27

    Default Re: Texas Landlord Made Error on Lease Termination Agreement

    I carried pepper spray and you should have seen the complaints on social media. I called 311 and reported the bite to Austin animal control. The dog belonged to the building owner. The dog had to be quarantined. Austin police told me dog problems are the landlord's issue and are a low priority for police and it will take them hours to respond to a dog call. One dog jumped on me and started acting aggressively. It got kicked about 5 feet. I was told that kicking the dog was animal abuse. Austin is a "dog-friendly" city. The dog owners told me I was "not welcome" at the apartment.

    Quote Quoting adjusterjack
    View Post
    It means you go back to the apartment manager's office and talk to the people there and see about getting things resolved. Bringing copies of both leases with you along with any documentation you have on the agreement to "break" the lease early.

    Or, you can pay your lawyer his hourly rate to handle it for you.

    PS: You should have been calling the police about the dog's running loose, especially the bites. And after the first experience why the heck didn't you start to carry some sort of personal protection that would keep the dogs at bay: Taser, Pepper Spray, Handgun, just to name a few possibilities.
    I really need to know what my legal rights are before I speak with the leasing office. The turnover there is tremendous. Every month to 6 weeks someone new is there and they don't know what they are doing.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,544

    Default Re: Texas Landlord Made Error on Lease Termination Agreement

    Quote Quoting Jean5720
    View Post
    Since the termination agreement refers to lease #1 which already expired what does this mean?
    Clerical errors rarely have any legal significance, and you post provides no reason to believe your situation is out of the ordinary.

    Quote Quoting Jean5720
    View Post
    I really need to know what my legal rights are before I speak with the leasing office.
    Like everyone else, you have dozens of legal rights, and it would serve no useful purpose to try and compile a list. Can you be more clear about what you want to know (keeping in mind that no one here has read your leases or the termination agreement)?

  5. #5
    Join Date
    Sep 2017
    Posts
    27

    Default Re: Texas Landlord Made Error on Lease Termination Agreement

    After signing lease #2 which started mid-February 2019 I was attacked by yet another unleashed dog. (This is after two dog bites in year one). The landlord called after I reported the attack and offered us the option of breaking the lease with the caveat that I take down my report of dog encounters on their property on social media. We found a place to move and gave them 60 days notice. I took down the social media posts. They asked us to sign a lease termination agreement, but in the lease termination agreement, they referred lease #1 which began in Feb. of 2018 and ended in Feb of 2019. They are now trying to charge for several days rent that were past the "termination date". The lease termination date was June 25 but they are charging rent through July 1. The assistant manager who is handling this has been on the job for one week. He has duplicate charges that he is trying to collect for and extra days of rent. This is a complex that charges for trash pickup and then a service fee for trash pick up, drainage fees and a service fee for drainage, water and sewer charges and service fees for billing for water and sewer, amenity fees and a service fee for charging for amenities. The bill is a mess, with duplicate fees, overlapping fees and fees through July 1 when the billing should only run through June 25. My fear is when they discover the error on the termination agreement, he will say oops that is not a legal agreement and charge us for rent and fees until the day the new renter took over the place in July. We are dealing with really sleazy folks.

    Our attorney just solved this for us. I have a termination date. I can work from there. Thanks.

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