Tenant Rights for Apartment Renting (Lawn: real estate, apartments, leasing)

[jessdevore]

I signed a lease takeover in September. Everything seemed fine when I came to look at it although it smelled like really strong cleaning products but I figured it's because the tenant moving out had just cleaned the place because management will not unless the lease is up. After I signed the papers I went back to my unit and realized that the previous tenant had 2 cats there illegally and placed his litter box on the carpet, which had cat **** all around where the box was. The place purposely smelled like cleaning products to cover the smell. When I went to speak with the people in the office they literally shrugged their shoulders at me and told me "I signed as is" so there was nothing they could do. Why is it my responsibility to fix YOUR property when I didn't do the damage and it poses a health hazard. The ammonia smell was SO strong that I was unable to move in for AN ENTIRE MONTH after signing the lease. But no worries, management didn't care - they already had their money.
I steamed the carpets myself and it didn't help. So I called and paid to have their carpet cleaners come to clean the carpets and treat the stain and carpet pad. That didn't work. Finally management agreed to pay and rip that section of the carpet up except all they replaced was a small section of the carpet pad and left the pissed carpet. So it still smelled and was stained. The only option was to replace the carpets and padding. I contacted Home Depot to come out and measure. When I contacted the office they flipped out and told me that if I didn't replace it with the EXACT same carpet, then they would charge me when I moved out to rip it up and replace it again. The carpet was so cheap, there was no way I could have had a cheaper version installed. So I cancelled with HD and ordered through them. After it was all said and done it cost me over $400 and they installed different carpet than what I previously had.

It's probably too late to argue but I just want to know if they had a right to refuse to pay to fix damage to their property.






My current issue now is that my lease isn't up until May. The apartments I am moving in to are currently under construction and so I plan to sign a 1 to 2 month addendum to my lease so I can leave in June/July when they are ready. My current management office has been notified.

In the meantime, I've gotten FIVE different calls in ONE week about them wanting to show my unit - it's only FEBRUARY. There are several other units with the same floor plan as mine but I'm the only one constantly being pestered. I was told that "I was the only one who has not renewed, so my unit is the only one they can show" after I called them out for using mine as a demo. Two of those times I have argued with them over what is stated in their contract and saw them on the property showing other units with the same floor plan as mine. They would not do that if the other tenants had already renewed. The other two times I was gone, so if they showed mine, then they never left a notice.

I have argued with them over the phone every single time and have been able to refuse all but one.
They just finished showing it this morning at 9 AM after giving me a 10 minute notice. I got super upset after they left this AM and stopped to chat right downstairs and I heard management tell the prospective tenant "I will show you pictures when we get back to the office, the floor plan will be similar to what we just viewed." Which argues my point that they are using mine as a demo since I keep it clean and modern.

I am NEVER given a 24 hour notice about these possible showings either, which is unfortunately allowed as stated in their Policy.
When I looked at their Community Policy handout online, it states that they are not legally allowed to show a unit until the current tenant has submitted their 90 day notice to leave. This is what I argue with them on the phone about. I was also rudely told by one of the ladies in the office over the phone that my place should be tidy because "I should be expecting one showing per day minimum" and "it doesn't matter if I plan on leaving or renewing, because they have to show it anyways." WHY WOULD YOU SHOW A UNIT IF THERE IS A POSSIBILITY THE CURRENT TENANT IS GOING TO STAY!!? Seems like a waste of time for both parties.

So my question is, do I have a right to argue for peace and quiet until I have given them my 90 day notice to leave?
I have been able to argue with them and refuse all but one showing so far. I believe, if they know they're not supposed to be showing my unit this early, then they wouldn't back down so easy when I say "no". Not to mention, they're always quick to find another unit to show the prospective tenants that same day.
I feel like they can show it all they want once I have officially given notice to leave, but until then I feel like I have a right to refuse them.


This is a copy/paste from their Community Policy:

"90-DAY WRITTEN NOTICE TO MOVE-OUT
Either party may provide written notice of intent to vacate. A verbal move-out notice is not
acceptable. Place to Be Properties requires that you give a minimum of a 90-DAY NOTICE
IN WRITING. YOU ARE RESPONSIBLE FOR REMEMBERING WHEN YOUR LEASE
EXPIRES AND BRINGING IN A WRITTEN NOTICE 90 DAYS PRIOR TO YOUR LEASE
EXPIRATION DATE. If you fail to give notice, we may extend your lease term and/or
give you notice to vacate.

Place to Be sends out multiple renewal notices and letters at a minimum of 90 days
prior to your lease expiring. If you do not respond to those notices and letters, we
will consider you to be moving out when your lease ends and will begin showing
your unit to prospective tenants. As soon your apartment is on the market it is
available to lease for new residents.

Once you have given us your 90-day notice we legally have the right to show your
apartment at any time. We do our best to give you prior notice before showing; however,
sometimes we have to show prospective residents immediately. Please keep apartment
show ready when you are on notice. "

[BigDGeek]

Try posting in the Renting subforum under Real Estate.

[WorldKlas]

Look up tenants rights on the Texas Attorney General website to guide you in this issue.

[dfwuno]

My question is Why are you moving to another large corp apt complex. They all pretty much follow the same methods in leasing and renewals. You would be much better off shopping for an independent owner. I own several units in the North Oak Lawn and fringe Uptown areas and all my new tenants come from large complexes when they finally realize they are getting screwed around........and this is not an add for my places. I do not currently have anything available and have low turnover. Funny how if you treat people right they treat you the same back.