Renter's Rights in San Antonio (sales, real estate, 2015)

[BTIVAN]

Hello, I currently rent/lease a house in San Antonio, Texas, and our lease does not expired until March 2015. Husband's accepted a job out of state, so we submitted a notice to the property rental company (prc) in September and paid an 85% reletting fee along with the October rent. We plan to leave mid December. The prc did not begin listing the house for rent until I emailed them on November 4th. There have only been 4 showings in the last 2 weeks. I asked if I could offer a $250 bonus the the showing agent that brings in a client who qualifies and signs a new lease. The prc said thanks but no thanks because I'm not the owner of the house. I feel like I gave plenty of notice and they've waited until the 1st week in November, they've raised the rent in the advertisement, and there are no potential tenants in sight. Now I'm not even allowed to offer the incentive to help move along the process. I feel like the prc is not making a real effort to rent the property. Any advice on what else I can do? Should I contact the property owner? I know we are obligated, but I gave 3 months notice, and they are not putting forth the same effort. Thanks for your advice…..

[WVREDLEG]

Texas AG tenant rights page:

https://www.texasattorneygeneral.gov.../tenants.shtml

Another TX tenant rights page:

Texas Tenant Advisor

From a quick review of these sites, it seems that a LL cannot charge you both a "reletting" fee and the balance of your lease--I would review this information carefully, along with your lease documents. From your post, it appears you have followed protocol for notification, but I have to ask: Did the LL demand the "reletting" fee, or did you just send it with your rent payment? I would not assume anything about what your "reletting" fee covers versus the LL thinks. Maybe it is a communication issue...you have paid what amounts to a penalty for early termination. If the LL accepted that penalty payment, you should only be responsible for rent and damages (if any) up to your departure.

What do you expect to accomplish by contacting the owner? Owner is paying that company to manage the property for any number of reasons, including not expending the personal effort to market the property, screen potential tenants, hire maintenance and repair contractors, get repair estimates, handle tenant complaints and concerns, and initiate and sustain collection efforts to enforce the lease. The money I kick to my property manager 1800 miles away from here is well spent.

It is true that the owner may price the rental out of the market against the advice of the property manager/realty company--but those owners eventually agree to lower rent to attract tenants--or lose lots of money. Rents are similar to sales comps...I can price my rental $200 higher than rental comps in the area, but as long as folks can find something comparable for $200 less, why would they rent my property?

Believe me, the owner is after the property manager to get a screened, qualified tenant in the home whether you are leaving tomorrow or in 5 months. Get hard copy of your early termination agreement from the property manager. Do you have proof, other than a canceled check, that the LL accepted a "reletting" fee and granted you a release from your lease contract effective on your move out date?

Hope this helps. Don't take my word for it...look at those links. BTW, if you want to "incentivize" an agent with a cash bounty, don't ask the company for permission...cash works better in whispers and shadows. I am not a real estate agent or a property manager. but I own income property.

[BTIVAN]

The LL told us to pay the reletting fee with the October rent. We were not given a choice. The reason I was going to contact the owner was to get their approval (since they are the owner of the house) to offer the incentive to the showing agent.

So because the LL asked us to pay the reletting fee up front, could that be considered a penalty. They told us we would be liable for the rent until the end of our lease or until someone else rented the house.

[TexasRedneck]

I'd HIGHLY suggest getting qualified legal advice - free advice often costs you MUCH more in the long run.

[WVREDLEG]

Originally Posted by TexasRedneck

I'd HIGHLY suggest getting qualified legal advice - free advice often costs you MUCH more in the long run.

^^This.

And no, please do not think you can equate the "reletting" fee to a termination penalty...I said it amounts to a penalty, not it IS a penalty. Sorry for the confusion, but I have contempt for this type of junk fee, even though it is completely legitimate and legal here. Just my opinion, but other than the standard work the manager does when a lease ends as planned, what is the additional work to get the property ready for a new tenant 3 months earlier with even another month earlier notice? Those folks exert no more effort now than they will in March. It is a fee to discourage people from leaving early and little else.

If you peruse the links I provided, you will find legal references and tips for legal recourse. Your LL has a legal obligation to find a tenant to mitigate your early termination as long as the LL agrees to it. It is implied, by accepting your "reletting fee" the LL is taking the fee to prepare the property for a new tenant. The 85% of a month's rent is typical for LLs who assess this fee, and it is legitimate in TX.

I feel your despair about the apparent lack of marketing going on to cover the balance of your lease, but I stand by my assertion that the property manager and owner are more interested in getting a qualified replacement in a lease than fighting with you. That is the only good thing I can find in your predicament.

The bad news.

EVEN though you followed notice procedure and paid the "reletting" fee, you put the LL and the owner in a seasonal predicament. I get it that the new job is driving your move, but you are moving out when most people are shopping for the holidays and planning to spend time with family, not necessarily looking to move just before the holiday. There are always exceptions, but many Americans overspend during December and have tight checkbooks in January. So the flow of qualified replacements might be low until JAN or FEB, and your lease ends in MAR..you are likely on the hook for the rent. I would appeal to the LL in writing for a release (in writing) and cite the financial burden and distress of moving for a new job...better life for your family....living out of moving boxes during holiday...maybe an emotional appeal would help.

[CyVaquero]

WVREDLEG is correct. You can not be charged a reletting fee AND pay the remaining lease, because at that point your obligation has been filled.

Additionally, ask for an itemized bill of the reletting fee since it is only to cover the cost of actually finding a new tenant.

We went through this when we bought our house though our property manager was a bit more reasonable (75% vs. the 85% max allowed in TX). I'm can't remember the law on it but we didn't pay the reletting fee until the new lease was signed and had to consent in writing to have it taken out of the security deposit versus billed separately.

[clay1]

Maybe they won't entertain your suggestion of you paying an incentive as that would be a violation of trec rules.

[BTIVAN]

Thanks everyone for your advice. I appreciate it.